Reed v. Reed

338 N.E.2d 728, 167 Ind. App. 421, 1975 Ind. App. LEXIS 1456
CourtIndiana Court of Appeals
DecidedDecember 30, 1975
DocketNo. 2-674A150
StatusPublished

This text of 338 N.E.2d 728 (Reed v. Reed) 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
Reed v. Reed, 338 N.E.2d 728, 167 Ind. App. 421, 1975 Ind. App. LEXIS 1456 (Ind. Ct. App. 1975).

Opinion

[422]*422'CASE SUMMARY

Buchanan, J.

— Defendant-Appellant Jack L. Reed (Jack) appeals from a divorce decree1 granted to Plaintiff-Appellee Helen W. Reed (Helen), claiming the trial court abused its discretion in its division of the property of the parties.

We affirm.

FACTS

The facts and evidence most favorable to Helen and in support of the trial court’s judgment are:

Jack and Helen were married July 25, 1952, and three children were born of their marriage (Pamela, Brent, and Bradley).

At the time of their marriage both Jack and Helen were employed by the Indiana & Michigan Electric Company, at Muncie, Indiana. Within the first year of their marriage both parties left this employment and moved to a farm in Delaware County, where they devoted their time and energies to .their own farming operation. By 1973, the Reeds were cultivating over 600 acres (mostly rented), of which they owned 30 acres.

Marriage problems began in early 1972 when Jack became involved with another woman. In the Fall of 1972, Jack told Helen another woman was taking her place. And, before Christmas of that year he informed her he would like a divorce so that he could “come and go as he pleased without any questions asked”.

Jack sometimes lost his temper, called Helen unrepeatable names, and used physical force against her. The parties eventually became separated and Jack moved to an apartment in Muncie.

On February 16, 1973, Helen filed for divorce, but in May the parties effected a reconciliation, . Jack agreeing to [423]*423give up the other woman. However, two or three days later, Helen found Jack and the other woman together in a field on their farm. Disputes continued during this period, and finally Jack said, “it wasn’t going to work”.

The parties again separated in June, 1973, and Jack returned to live in his Muncie apartment. On August 2, 1973, Helen again filed for divorce.

During their marriage, Jack and Helen incurred these joint debts:

JOINT DEBTS
Farm residence ___________________________$ 16,753.64
30 acre farm with improvements___________ 17,748.91
Farm machinery __________________________ 66,900.00
Joint debt to Helen’s mother______________ 14,655.20
Total debts______'____________________$116,057.75
They accumulated these joint assets:
JOINT ASSETS
Residence_________________________________$ 38,500.00
7 Subdivision lots _________________________ 26,350.00
30 acre farm with improvements___________ 64,500.00
Crops on hand (already harvested) __________ 26,101.31
Farm machinery________________________ 52,400.00
Household goods_____________________________ 2,409.00
Cattle___________________________________ 7,500.00
1970 Buick Electra______________________ 2,075.00
1970 Buick Skylark____________ 2,075.00
Total assets_________________________$221,910.31
RECAPITULATION
Total assets__________________________$221,910.31
Total debts_________________________ 116,057,75
Net joint estate_________________$105,852.56

The parties also jointly owned a 1971, F35 truck, with grain bed and hoist, and a 1970 Ford % ton pickup truck (the trucks)’, "which Jack was awarded (no value stated). - • -

There was further evidence that Jack would harvest’$19,000 worth of corn in 1973 (with accompanying farm expenses).

[424]*424Jack individually possessed the following assets:

(1) A 1963 school bus, valued at_____________$ 1,200.00
(2) A checking account________________________ 2,250.00
(3) A life insurance policy with cash value___ 3,200.00
(4) A coin collection valued at______________ 350.00
(5) A gun collection valued at_________________ 1,000.00
Jack incurred various debts totaling $13,000.00.

As a school bus driver, Jack earned $6000-$7000 per year. He also received $125 per month rent from the house located on the 30 acre farm.

Helen became employed by Merchants National Bank of Muncie on September 2, 1973, and had a take home pay of $69 per week. She owned certain assets, which came to her principally as the result of the death of her mother (Geraldine Harper) on February 25,1972.

HELEN’S ASSETS
Estate checking account_____________________$ 4,788.11
Randolph County Farm valued (at an average $375.00 per acre)______________ 44,250.00
Savings account__________________________ 6,735.46
Cash ____________________________________________$ 2,200.00
Total assets___________________________$57,973.57

On February 13, 1974, a property division was made by the trial court. Helen received the following:

PROPERTY VALUE
Household Goods____________________________$ 2,409.00
1970 Buiclc Electra __________________________1 2,075.00
Residence____________________________________ 38,500.00
7 Subdivision lots________________________ 26,350.00
Total assets ________________________________$ 69,334.00
Subject to:
DEBT VALUE
Residence (mortgage)____________________$ 16,753.64
Total Net Assets (exclusive of her inheritance) .......... . ..._______..__.$ 52,580.36

[425]*425Jack Reed received the following:

PROPERTY VALUE
Farm Machinery _______________________________$ 52,400.00
Crops on hand (corn to be harvested in 1973) 19,000.00
Cattle____________________________________ 7,500.00
1970 Buick Skylark______________________ 2,075.00
1963 School bus ______________________________ 1,200.00
30 acre farm with improvements . ....... 64,500.00
Total assets_________________________$146,675.00

(Jack also was awarded the trucks accumulated during the marriage (no value stated).)

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Bluebook (online)
338 N.E.2d 728, 167 Ind. App. 421, 1975 Ind. App. LEXIS 1456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-reed-indctapp-1975.