Euler v. Euler

Decision Date11 May 1989
Docket NumberNo. 39A01-8808-CV-00259,39A01-8808-CV-00259
Citation537 N.E.2d 554
PartiesDavid L. EULER, Respondent-Appellant, v. Mary E. EULER, Petitioner-Appellee.
CourtIndiana Appellate Court

Harold W. Webster, Webster and Webster, North Vernon, for respondent-appellant.

Joseph A. Colussi, Eckert, Alcorn, Goering & Colussi, Madison, for petitioner-appellee.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Respondent in dissolution proceeding appeal from judgment in favor of the petitioner regarding the division of marital property. We affirm in part and remand.

FACTS

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.

ISSUES

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?

DISCUSSION AND DECISION
Issue One

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 court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:

"(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.

"(2) The extent to which the property was acquired by each spouse prior to the marriage or through inheritance or gift.

"(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in that residence for such periods as the court may deem just to the spouse having custody of any children.

"(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.

"(5) The earnings or earning ability of the parties as related to a final division of property and final determination of the property rights of the parties."

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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24 cases
  • Thompson v. Thompson
    • United States
    • Indiana Appellate Court
    • 15 Julio 2004
    ...provided its sets forth its reasons for doing so. Maloblocki v. Maloblocki, 646 N.E.2d 358, 362 (Ind.App.1995) (citing Euler v. Euler, 537 N.E.2d 554 (Ind.Ct.App.1989)). 1. Jack's Alleged Financial Jack contends that the trial court's unequal division of the marital estate is clear error be......
  • Cowart v. White
    • United States
    • Indiana Supreme Court
    • 22 Junio 1999
    ...to engage in gainful employment and earn adequate income. Barnes v. Barnes, 549 N.E.2d 61, 66 (Ind.Ct. App.1990); Euler v. Euler, 537 N.E.2d 554, 557 (Ind.Ct.App.1989). Accordingly, federal courts have held that an award of attorney fees "based on the financial resources of the parties, .........
  • Scott v. Scott
    • United States
    • Indiana Appellate Court
    • 25 Junio 1996
    ...court orders an unequal distribution, it must set forth the basis for the deviation from the 50-50 presumption. See Euler v. Euler, 537 N.E.2d 554, 556 (Ind.Ct.App.1989). We apply an abuse of discretion standard when reviewing the property distribution. In re Sloss, 526 N.E.2d 1036, 1038 (I......
  • Maloblocki v. Maloblocki
    • United States
    • Indiana Appellate Court
    • 6 Febrero 1995
    ...the trial court may divide the marital property unequally provided the court sets forth its reasons for so doing. Euler v. Euler (1989), Ind.App., 537 N.E.2d 554. However, where the reasons justifying an unequal distribution are clearly against the logic and effect of the facts and circumst......
  • Request a trial to view additional results

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