In Re: the Marriage of: Renita A. Marek and Edward Marek (mem. dec.)

47 N.E.3d 1283, 2016 WL 445426, 2016 Ind. App. LEXIS 72
CourtIndiana Court of Appeals
DecidedFebruary 4, 2016
Docket45A03-1503-DR-93
StatusPublished
Cited by17 cases

This text of 47 N.E.3d 1283 (In Re: the Marriage of: Renita A. Marek and Edward Marek (mem. dec.)) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: the Marriage of: Renita A. Marek and Edward Marek (mem. dec.), 47 N.E.3d 1283, 2016 WL 445426, 2016 Ind. App. LEXIS 72 (Ind. Ct. App. 2016).

Opinions

= ROBB, Judge.

Case Summary and Issue

In 2015, the trial court entered a decree dissolving the marriage of Edward Marek (“Husband”) and Renita Marek (“Wife”). The trial court ordered that the parties’ marital property be equally divided. Wife appeals, raising one issue for our review: whether the trial court erred in [1286]*1286concluding she had not rebutted the presumption that an equal division is just and reasonable. Concludmg the trial court’s judgment equally dividing the marital property is unsupported by the findings and evidence, we reverse and remand.

• Facts and Procedural History1

Husband and Wife were married in 1978. At the time of the marriage, both parties worked full time. Husband has worked full time for Ford Motor Company throughout the marriage. Wife left her outside employment to be a full time homemaker after the birth of the parties’ first child in 1982. A second child was born to the couple in 1986. In 1997, Wife returned to the workforce. Rut for a two-year period when she again left the workforce and two subsequent temporary leaves of absence for medical reasons, Wife has worked part-time (twenty-one hours per week) at the local library since 1997 earning $13.39 per hour. Full-time employment at the library is thirty-seven and one-half hours at the same hourly rate. Wife has not attempted to obtain full-time employment at the library or elsewhere. She does babysit the parties’ granddaughter three or four days a week. At the time of the final Rearing in this matter, Husband was earning approximately $80,000.00 per year and overtime, and Wife was earning approximately $14,000.00 per year.

During the marriage, Wife inherited property and funds after the deaths of her mother and uncle. The property was sold, and the proceeds of the sale together with the funds were deposited into multiple bank accounts in Wife’s name only (the “inheritance accounts”). The value of the inheritance accounts as of the final hearing was approximately $90,000.00. Husband knew of the inheritances, but otherwise had virtually no knowledge regarding where the monies were held or in what amounts. Also during the marriage, Husband suffered work-related injuries for which he received a worker’s compensation settlement totaling approximately $150,000.00.2

In November 2013, Husband filed a petition for dissolution of marriage. In December 2013, the parties entered an Agreement on Stipulated Provisional Orders, in which they agreed, in part, to share the use of the marital home. In August 2014, the parties entered a Partial Agreed Order, in which they agreed that Husband would be awarded the marital residence and Wife would be permitted to continue to reside there under the terms of the provisional order until seven days “from the time as the Final Decree of [1287]*1287Dissolution is entered and she is paid her equity in the residence.” App. at 25: They further agreed to the valuation of certain assets and that some of those assets, were “wholly marital assets.” Id. at 25-26. The parties noted that the' following items remained in dispute:

Whether Husband’s Workers Compensation Settlement should in whole or in part be included in' the marital pot, whether Wife’s inheritance from her Mother and Uncle should be awarded wholly to Wife as an additional share of the marital pot, whether the marital pot should be divided equally, Husband's contributive share of Wife’s Attorney fees, whether Wife is entitled to spousal support, and if so how much and for how long.

Id. at 27.

The trial court held a final hearing on November 18, 2014. By this time, the parties had agreed and stipulated that only the temporary total disability portion of Husband’s worker’s compensation settlement (approximately $20,000.00) would be included in1 the marital pot and the remainder was excluded and not subject to division. Wife’s inheritance remained a point of contention. Husband requested the trial court apply the statutory presumption of equal division of the marital estate; citing the parties’ income disparity, Wife requested the trial ‘court deviate from the statutory presumption and award a 65/35 percent distribution in her favor, including setting over the inheritance 1 accounts to her.

On February 17, 2015, the trial court entered a decree distributing the parties’ assets and dissolving their marriage. The trial court concluded “a deviation from the statutory presumptive equal division of the Marital estate is not warranted and that Wife has not rebutted the presumption that an equal division of the marital estate in this case is a'just and reasonable division of the same.” Id. at 15.' Based upon the agreed values of the marital assets, including the inheritance accounts, the total value of the marital estafé was $562,648.19. The trial court equally divided the marital pot between the parties, assigning the inheritance accounts to Wife.3 Additionally, the trial court ordered that Husband pay $3,000 of Wife’s attorney fees. Wife now appeals.

Discussion and Decision

I. Standard of Review

The division of marital property' is highly fact sensitive. Fobar v. Vonderahe, 771 N.E.2d 57, 59 (Ind.2002). It is a task within the sound discretion of the trial court, and we will reverse only for an abuse of discretion. Love v. Love, 10 N.E.3d 1005, 1012 (Ind.Ct.App.2014). We will reverse a trial court’s division of Marital property only if there is no rational basis for the award; that is, if the result is clearly against -the logic and; effect of the facts and circumstances, including the reasonable inferences to be drawn therefrom. Luttrell v. Luttrell, 994 N.E.2d 298, 301 (Ind.Ct.App.2013), trans. denied. We will also reverse if the trial court has misinterpreted the ,law or disregarded evidence qf factors listed in the, controlling statute. Webb v. Schleutker, 891 N.E.2d 1144, 1153 (Ind.Ct.App.2008). When we review a claim that the trial court improperly divid[1288]*1288ed marital property, we consider only the evidence most favorable to the trial court’s disposition of the property without reweighing evidence or assessing witness credibility. Id. Although the facts and reasonable inferences might allow for a conclusion different from that reached by the trial court, we will not substitute our judgment for that of the trial court. Id. at 1154.

The trial court’s judgment here included specific findings of fact and conclusions at the request of the parties. We review conclusions of law de novo. Johnson v. Johnson, 999 N.E.2d 56, 59 (Ind.2013).

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Cite This Page — Counsel Stack

Bluebook (online)
47 N.E.3d 1283, 2016 WL 445426, 2016 Ind. App. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-renita-a-marek-and-edward-marek-mem-dec-indctapp-2016.