ILNews

COA: Growing crops go in marital pot

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals ruled today that crops growing in the ground that haven't been harvested are considered marital assets. This is the first time Indiana courts have ruled on the issue.

In In Re the Marriage of: James R. Webb v. Nancy J. (Webb) Schleutker, No. 49A02-0707-CV-568, James Webb appealed the trial court decision to include soon-to-be harvested crops in the marital pot. The trial court issued its dissolution decree in February 2007, and included crops growing in August 2005 at the time Nancy Schleutker filed for divorce.

Because no Indiana caselaw had discussed the proposition that growing crops are marital assets, the Court of Appeals turned to other jurisdictions to determine that the crops should be considered marital assets, wrote Judge Nancy Vaidik.

The appellate court also affirmed the trial court's consideration of United States Department of Agriculture payments as part of the value of the crops, the trial court's valuing of the marital property, and the division of the marital property. The trial court didn't err in allowing Schleutker to stay in the marital residence for three months after Webb made a property equalization payment to her, wrote the judge.

"There was nothing improper about the trial court allowing Wife a short period of time to secure new housing in order to accomplish the property division," wrote Judge Vaidik. "As for Husband's assertion that the value of Wife's continued residence is an amount in excess of the marital estate, there is no indication that Wife's prerogative to stay at the marital residence for up to three months is over and above the equal division."

The appellate court also affirmed the award of appellate attorney's fees to Schleutker.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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