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Trial court must consider husband’s interest in land in divorce case

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The Indiana Court of Appeals has ordered a trial court to take another look at the marital pot of a northern Indiana couple, finding the lower court should have included the husband’s ownership interest in two parcels of land he owns as a joint tenant with his brother.

Imre Falatovics has interest in the two parcels of land with his brother, subject to a life estate in his mother. These two parcels were excluded from the marital estate, which his wife, Amy Falatovics, claims is an error because he has a present pecuniary interest in the properties.

Imre Falatovics has a remainder interest in the land subject to a life estate which represents a pecuniary interest capable of valuation. It does not matter whether he owns the land as a joint tenant with rights of survivorship or as a tenant in common, the appeals court held.

“Wife argues that the difference is immaterial in this context because as a joint tenant, Husband has a fixed, vested interest in the parcels, which he can convey for value,” Judge Terry Crone wrote in Amy L. Falatovics v. Imre L. Falatovics, 46A04-1401-DR-20. “We agree with Wife. Husband’s remainder interest in Parcels 1 and 2, which he holds as a joint tenant, has a present pecuniary interest. His interest in the parcels is an asset capable of valuation. Accordingly, we conclude that the trial court erred in excluding Husband’s interest in Parcels 1 and 2 from the marital pot and reverse that portion of the decree.”

Amy Falatovics wants her husband’s interest divided equally between them, but the Court of Appeals remanded for further proceedings because the decision to divide the marital pot equally by the trial court was not based upon the proper valuation of the marital estate.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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