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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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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