ILNews

Judges rule on marital property division

Michael W. Hoskins
January 1, 2008
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Trial courts that order parties to sell marital residences can take into account any needed repairs and costs associated with selling residences when figuring the value, as long as those amounts are based on evidence in the record, the Indiana Court of Appeals decided today.

A unanimous three-judge appellate panel ruled today in David Keown v. Cynthia Marie Keown, No. 49A02-0706-CV-496, a Marion County case in which the ex-husband challenged a trial court's decision in recalculating the value of the marital residence as part of a dissolution's property division.

Superior Judge Thomas Carroll ordered that Cynthia Keown make necessary repairs to the house and list it for sale as quickly as possible, and in determining the value the judge reduced it by the amount of repairs not yet made to the house and the costs of sale, as well as including interest in David Keown's mother's property that had served as security for a paid-back loan. The total was $1,972 for the repair costs and $6,285.20 for costs of the sale. David challenged that judgment, and the appellate decision affirms the decision.

David argued that his ex-wife could comply with the order but still have no intention of selling the property, such as listing the property for sale at an inflated price or by listing it for a brief period of time.

"We find David's reading of the trial court's order to be unreasonable," the court wrote, noting that he could file a petition to find her in contempt if she willfully disobeyed the dissolution decree.

He didn't object to evidence on cost of sale or needed repairs during the proceedings, and the trial court didn't abuse its discretion in using those as a basis for its decision, the appeals judges ruled.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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