Wells v. Collins
| Decision Date | 06 May 1997 |
| Docket Number | No. 06A05-9606-CV-242,06A05-9606-CV-242 |
| Citation | 679 N.E.2d 915 |
| Parties | Jeffrey M. WELLS, Appellant-Respondent, v. Amy M. COLLINS, Appellee-Petitioner. |
| Court | Indiana Appellate Court |
Jeffrey M. Wells challenges the trial court's division of property in the dissolution of his marriage to Amy M. Collins. We affirm.
The distribution of marital assets is traditionally a matter within the sound discretion of the trial court. In re Marriage of Davidson, 540 N.E.2d 641, 643 (Ind.Ct.App.1989). The party challenging the trial court's property division must overcome a strong presumption that the court considered and complied with the applicable statute. DeHaan v. DeHaan, 572 N.E.2d 1315, 1325 (Ind.Ct.App.1991), trans. denied (1992). We presume the trial court followed the law and made all proper considerations in making its decision. R.E.G. v. L.M.G., 571 N.E.2d 298, 300 (Ind.Ct.App.1991).
When reviewing a claim that the trial court improperly divided marital property, we must decide whether the trial court's decision constitutes an abuse of discretion, considering only the evidence most favorable to the trial court's disposition of the property. Id. An abuse of discretion occurs if the trial court's decision is clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom. Myers v. Myers, 560 N.E.2d 39, 42 (Ind.1990). An abuse of discretion also occurs when the trial court has misinterpreted the law or disregards evidence of factors listed in the controlling statute. Id. Section 31-1-11.5-11 of the Indiana Code governs the disposition of marital assets in a dissolution proceeding. The court shall presume that an equal division of the property between the parties is just and reasonable, absent rebuttal. I.C. § 31-1-11.5-11(c).
Husband's claim of error is based on the final decree of dissolution. He contends that the trial court erred in deducting Wife's total inheritance from the marital pot. We agree with Husband that technically the trial court should not have shown deductions from Wife's portion of the marital estate. However, because it in no way affects the validity of the trial court's distribution of the marital property, we affirm.
The final decree of dissolution reads in pertinent part as follows:
10. At the time that the parties were married on February 3, 1986, the Wife brought substantial assets into the marriage, i.e., approximately 99% of the assets of the marriage immediately after the union. That assets that the Wife brought into the marriage and their values are as follows:
a) House at 6251 North Meridian $ 130,000.00
Indianapolis, Indiana
b) Bank accounts
Merchants checking (50973019) 1,043.46
Merchants saving (12545456) 2,432.83
c) Collins property: Lafayette Road 1,072,328.00
d) Dean Witter account 10,757.63
e) Furniture and household goods 83,796.56
f) Jewelry 34,318.50
-------------
TOTAL ASSETS
$1,334,676.98
11. At the time of the marriage, the Wife also had substantial debt. These debts and their amounts are as follows:
a) Mortgage to Merchants Mortgage Corporation $ 63,057.46
b) Balance on Collins Land Purchase 546,869.93
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TOTAL ASSETS [sic]: $609,927.39
12. The total net assets brought into the marriage by the Wife totaled seven hundred twenty four thousand seven hundred forty nine dollars and fifty nine cents ($724,749.59). This was the second marriage of the Wife. The Husband brought into the marriage a few items of personal property, no real estate and debts. The Husband was 21 years of age and what little assets the Husband brought into the marriage were exceeded by certain debts that the Husband had at the time of the marriage.
13. During the course of the marriage, the Wife received Inheritance as a result of the death of both of her parents. The property that Wife inherited from the death of her parents and the undisputed values thereto are as follows:
14. It is undisputed that the Wife received monetary gifts from her family through and including the time of her father's death totaling seventy seven thousand five hundred dollars ($77,500). There was no evidence presented that the parties received any monetary or other gifts during the marriage from the Husband's family.
15. Liquid assets that the Wife had prior to marriage and, subsequent to marriage, received by way of inheritance or gift were utilized by the parties to purchase other marital assets accumulated during the marriage, as well as for living expenses. Although there were certain joint bank accounts maintained during the marriage, the income generated by the Husband from his employment was deposited directly into the Husband's separately maintained bank account and primarily utilized by the Husband to enhance the Husband's lifestyle free from any responsibility for contribution towards the parties' joint marital debts. The Husband did not make any mortgage payments from any of his bank accounts.
16. The Court determines that the total marital assets subject to distribution as of April 19, 1995, to be as follows:
ASSETS VALUES
a) Collins $ 2,630,000.00
b) Crawfordsville Property
2902 Country Club Road 275,000.00
c) Zionsville Property
9957 Zionsville Road 297,000.00
d) Jewelry--Wife 86,863.00
e) Jewelry--Husband 4,032.50
f) Furniture and Household Goods (Wife) 50,000.00
g) Computer and Electronic Equipment
(Husband) 20,000.00
h) Bank Accounts--Wife
First National Bank (03323579) 933.91
National City Bank (501509505) 1,161.86
i) 1991 Suburban 12,750.00
j) 1991 Mazda Miata (Husband Lease) ------
k) Wife's 1/2 Interest in Florida Condo 75,000.00
l) Tractor at Crawfordsville Property
(Kubota) 12,000.00
m) Toro 44" Mower 2,000.00
n) Yard Equipment 1,000.00
--------------
TOTAL ASSETS $3,467,741.20 1
17. The Court finds that the marital liabilities existing as of April 19, 1995, are as follows:
MONTHLY TOTAL
a) First National Bank
(Collins property) $ 14,951.00 $ 1,491,730.00
b) First National Bank
(Swing Loan) 500.00 31,000.00
c) First National Bank
(Oak Ridge Home) 1,900.00 265,364.00
d) Union Federal Saving
& Loan (Crawfordsville
Property) 1,746.00 194,354.00
e) Charge Cards
(MasterCard, VISA and
Lazarus) 200.00 4,600.00
----------- --------------
TOTAL $19,297.00 $1,987,048.00
18. Having determined that the marital assets subject to distribution total three million four hundred sixty seven thousand seven hundred forty one dollars and twenty cents ($3,467,741.20) and the total marital liabilities existing as of the date of the separation total one million nine hundred eighty seven thousand forty eight dollars ($1,987,048.00), the Court now determines that the net marital pot subject to distribution by this Court is one million four hundred eighty thousand six hundred ninety three dollars and twenty cents ($1,480,693.20).
19. In the disposition of marital assets, the law requires this Court to presume that an equal division of marital property is just and reasonable. This presumption may be rebutted as set out in I.C. 31-1-11.5-11(c). This Court finds that the Wife has successfully rebutted the presumption by presenting convincing and overwhelming evidence that the vast majority of the marital estate was acquired by the Wife "prior to the marriage or through inheritance or gift. ["] (I.C.31-1-11.5-11(c)(2)). Further, this Court, in considering I.C. 31-1-11.5-11(c)(1), finds that the income producing and other non-income producing contributions that the Wife made towards the acquisition of marital property was also extremely significant. Therefore the court finds that the presumption of an equal division of marital property has been successfully rebutted by the Wife. In addition the court finds that the Husband was not employed...
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