Euler v. Euler
Decision Date | 11 May 1989 |
Docket Number | No. 39A01-8808-CV-00259,39A01-8808-CV-00259 |
Citation | 537 N.E.2d 554 |
Parties | David L. EULER, Respondent-Appellant, v. Mary E. EULER, Petitioner-Appellee. |
Court | Indiana Appellate Court |
Harold W. Webster, Webster and Webster, North Vernon, for respondent-appellant.
Joseph A. Colussi, Eckert, Alcorn, Goering & Colussi, Madison, for petitioner-appellee.
Respondent in dissolution proceeding appeal from judgment in favor of the petitioner regarding the division of marital property. We affirm in part and remand.
David and Mary Euler were married on January 21, 1983. Each party had been married previously, and neither party adopted the other's children from the prior marriages. No children were born of David and Mary Euler's marriage. Throughout the marriage, Mary worked as a waitress; David first worked at Cummins Engine Company but was unable to continue employment because of ill health. At the time of the marriage Mary had approximately $15,000.00 in cash, some household furnishings and appliances, and an automobile valued at $2,500.00. David brought to the marriage approximately $6,500.00 in cash, household furnishings and appliances, and an automobile valued at $9,200.00. The parties lived in a rented home with Mary's teenage son. The parties paid for household expenses with income from Mary's job, David's job, David's disability payments, and from David's farm sale transaction. Mary also received Forty Dollars ($40.00) per week in child support which was saved and used to purchase a car for her son.
During the marriage David became ill with heart problems and also under went surgery to amputate part of each of his feet. Mary cared for David during his illness. The parties shared a joint bank account and used their income to purchase marital assets.
Mary and David separated on September 21, 1987, and divided the cash then on deposit in their joint checking account. On that date Mary filed a petition for dissolution of marriage. Following a bench trial, the court entered a decree of dissolution on July 12, 1988. The decree divided the marital property, awarded Mary a money judgment in the amount of $8,800.00, and ordered David to pay Mary's costs and attorney's fees totalling $2,491.00. David brings this appeal challenging the division of property and award of costs and attorney's fees.
1. Did the trial court abuse its discretion in dividing the marital property?
2. Did the trial court abuse its discretion in awarding $2,491.00 in attorney's fees and costs to the petitioner?
David first argues that the trial court abused its discretion in dividing the marital property. A trial court's division of marital property is governed by Indiana Code section 31-1-11.5-11(c) which provides:
The disposition of marital assets is committed to the sound discretion of the trial court. Schnarr v. Schnarr (1986), Ind.App., 491 N.E.2d 561, 563. We may not reweigh the evidence or assess the credibility of witnesses; we consider only the evidence most favorable to the trial court's disposition. Olds v. Olds (1988), Ind.App., 531 N.E.2d 1219, 1221; Chestnut v. Chestnut (1986), Ind.App., 499 N.E.2d 783, 786; Schnarr, at 563. Reversal is merited only where the trial court's decision is clearly against the logic and effect of the facts and circumstances before the trial court. Id. Furthermore, we consider the trial court's disposition of property as a whole, not item by item. Olds, at 1221.
David argues that he was entitled to receive more than fifty percent (50%) of the marital property. He contends that virtually all of the marital property was purchased with money from a joint checking account to which Mary never contributed. He emphasizes that Mary left the marriage with considerably more money than she brought to the marriage. David's arguments amount to an invitation to reweigh the evidence. This we cannot do. We have recognized that a spouse's contribution as homemaker can properly be considered in dividing marital property. Chestnut, at 787. Mary testified that she paid some bills and purchased groceries with her income. Mary also stated that she and her son cared for David when he became ill several months after the parties were married, and that she spent less time working at her waitressing job so that s...
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