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Fobar v. Vonderahe

Court: Indiana Supreme Court
Date filed: 2002-07-01
Citations: 771 N.E.2d 57
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ATTORNEY FOR APPELLANT

Mark Small
Indianapolis, Indiana

ATTORNEY FOR APPELLEE

Scott P. Sullivan
Kokomo, Indiana
__________________________________________________________________


                                   IN THE



                          SUPREME COURT OF INDIANA

__________________________________________________________________

ROSE FOBAR (VONDERAHE),           )
                                  )
      Appellant (Respondent Below),     )     Indiana Supreme Court
                                  )     Cause No. 34S05-0204-CV-228
            v.                    )
                                  )     Indiana Court of Appeals
ANTHONY M. VONDERAHE,        )    Cause No. 34A05-0101-CV-2
                                  )
      Appellee (Petitioner Below).      )
__________________________________________________________________

                    APPEAL FROM THE HOWARD SUPERIOR COURT
               The Honorable Stephen M. Jessup, Special Judge
                         Cause No. 34D01-9904-DR-154
__________________________________________________________________


                           ON PETITION TO TRANSFER

__________________________________________________________________

                                July 1, 2002

BOEHM, Justice.
      In this marriage dissolution case, the  Court  of  Appeals  found  the
trial court abused its discretion and instructed the trial court to  deviate
from a 50-50 property division to the extent necessary to reflect the  value
of one spouse’s inherited and non-commingled interest  in  property.   Fobar
v. Vonderahe, 756 N.E.2d 512, 523 (Ind. Ct. App.  2001).   We  hold  that  a
trial court’s discretion in dividing property in  a  dissolution  is  to  be
reviewed by considering the division as a  whole,  not  item  by  item.   So
viewed, the trial court’s 50-50 division was within its discretion.

                      Factual and Procedural Background


      Rose Fobar Vonderahe and Anthony Vonderahe were married in  1983,  and
Anthony filed a Petition for Dissolution of Marriage in  1999.   The  couple
jointly  owned  their  marital  residence,  and  Rose   and   Anthony   each
individually owned rental real estate  acquired  before  the  marriage.   In
addition, Rose owned a one-half interest in real estate in Buffalo,  Indiana
that  was  inherited  from  her  first  husband  after  a  fatal  automobile
accident.  Rose’s only daughter, Robin, inherited  the  other  half  of  the
Buffalo property.
      The trial court included Rose’s one-half interest in the Buffalo  real
estate as marital property.  After a three-day hearing, at  Rose’s  request,
the court entered findings of  fact  and  conclusions  of  law.   The  court
divided the marital estate nearly equally, 50.7% to Anthony, 49.3% to  Rose.

      Rose appealed, claiming that the  trial  court  was  required  to  set
aside her interest in the Buffalo property to her.   The  Court  of  Appeals
agreed and remanded the case to the trial court with instructions to  “enter
a property division decree that deviates from a 50/50 division  of  property
in favor of [Rose] to the extent necessary  to  reflect  the  value  of  her
interest in the Buffalo property.”[1]  756 N.E.2d at  523.   Anthony  sought
transfer, arguing that the  Court  of  Appeals  did  not  apply  the  proper
standard of review.  This Court granted transfer in a previous  order  dated
April 5, 2002.

                  Standard of Review of a Property Division


      Property owned by either spouse before the marriage is included in the
marital estate and subject to division and distribution.  Ind. Code § 31-15-
7-4 (1998).  Indiana law requires that marital  property  be  divided  in  a
“just  and  reasonable  manner,”  id.,  and  provides  for   the   statutory
presumption that “an equal division of  the  marital  property  between  the
parties is just and reasonable.”  I.C. § 31-15-7-5.   This  presumption  may
be rebutted, however, by evidence  of  each  spouse’s  contribution  to  the
acquisition of the property, the extent to which the property  was  acquired
before the marriage or by inheritance, the economic  circumstances  of  each
spouse,  the  conduct  of  the  parties  relating  to  the  disposition   or
dissipation of assets, and each spouse’s earning ability.  Id.
      At Rose’s request, the  trial  court  entered  findings  of  fact  and
conclusions  of  law.   Findings  of  fact  are  reviewed  under  a  clearly
erroneous standard.  Ind. Trial Rule 52(A).  Conclusions  of  law,  however,
are reviewed de novo.  Finally,
      A “clearly erroneous” judgment can  result  from  application  of  the
      wrong legal standard to properly-found facts, and in that situation we
      do not defer to the trial court.   We  are  not  bound  by  the  trial
      court’s characterization of its  results  as  “findings  of  fact”  or
      “conclusions of law.”  Rather,  we  look  past  these  labels  to  the
      substance of the judgment and will review a legal conclusion  as  such
      even if the judgment wrongly classifies it as a finding of fact.


Beam v. Wausau Ins. Co., 765 N.E.2d 524, 528 (Ind. 2002).  This  case  turns
on whether the trial court’s division of the marital property was  just  and
reasonable.  Although this is in some sense an issue of law,  it  is  highly
fact sensitive and is subject to an abuse of  discretion  standard.   Taylor
v. Taylor, 436 N.E.2d 56, 58 (Ind. 1982); Elkins v. Elkins, 763 N.E.2d  482,
484-85 (Ind. Ct. App. 2002); Pitman v. Pitman, 721  N.E.2d  260,  264  (Ind.
Ct. App. 1999), trans. denied; Berger v. Berger, 648 N.E.2d 378,  381  (Ind.
Ct. App. 1995); Truman v. Truman, 642 N.E.2d 230, 234 (Ind. Ct. App.  1994).
 A reviewing court will not weigh evidence, but will consider  the  evidence
in a light most favorable to the judgment.  Quillen v. Quillen,  671  N.E.2d
98, 102 (Ind. 1996); Pitman, 721 N.E.2d at 264.
      The Court of Appeals found that Rose made a  clear  showing  that  she
obtained the Buffalo property both by inheritance and before  the  marriage,
and that Anthony  never  used  the  property,  did  not  contribute  to  its
improvements, and participated in  no  decisions  concerning  the  property.
Fobar, 756 N.E.2d at 522-23.  Based on these facts,  the  Court  of  Appeals
concluded that  the  trial  court  abused  its  discretion  in  refusing  to
consider the Buffalo property as an additional  value  to  be  allocated  to
Rose.  Id. at 521-23.  In reaching this conclusion,  the  Court  of  Appeals
relied principally on Castaneda v. Castaneda, 615 N.E.2d 467 (Ind. Ct.  App.
1993).  Castaneda held that all property of the parties must be included  in
the marital estate regardless of  its  source,  but  “the  trial  court  may
deviate” from the  50-50  statutory  presumption  if  property  was  brought
separately into the  marriage,  was  never  commingled  with  other  marital
assets, and was  never  treated  as  marital  assets.   615  N.E.2d  at  470
(emphasis added).  Anthony correctly responds that Castaneda does not  stand
for the proposition that a trial court  is  required  to  reach  an  unequal
division of property because one spouse brought  some  items  separately  to
the marriage.  Rather Castaneda permits the trial court, in its  discretion,
to choose to distribute the marital  property  unequally  in  favor  of  one
spouse based on statutorily  identified  considerations,  one  of  which  is
inherited property.  Whether to do so is a matter of trial court  discretion
in light of all other relevant factors.
      The trial court’s disposition is to be considered as a whole, not item
by item.  Simpson v. Simpson, 650 N.E.2d 333,  335  (Ind.  Ct.  App.  1995);
Livingston v. Livingston, 583  N.E.2d  1225,  1227  (Ind.  Ct.  App.  1992),
trans. denied; Hoyle v. Hoyle, 473 N.E.2d 653, 657  (Ind.  Ct.  App.  1985).
In crafting a just and reasonable property distribution, a  trial  court  is
required to balance a number of different considerations in arriving  at  an
ultimate disposition.  The court may allocate  some  items  of  property  or
debt to one spouse because of its disposition of  other  items.   Similarly,
the factors identified by the statute as permitting an unequal  division  in
favor of one party or the other may  cut  in  different  directions.   As  a
result, if the appellate court views any  one  of  these  in  isolation  and
apart from the total mix, it may upset the balance ultimately struck by  the
trial court.
      Here, there is ample basis justifying the trial court’s  inclusion  of
Rose’s interest in the Buffalo  property  and  the  equal  division  of  the
entire marital pot.  Anthony has an  annual  income  of  $32,800,  and  Rose
earns approximately $40,500.  Rose was  awarded  Anthony’s  rental  property
that he acquired prior to the marriage.  The trial court found  that  Rose’s
earning ability  was  “substantially  more”  than  Anthony’s  and  would  be
increased by her greater rental income after the Decree takes effect.   Thus
the trial court was well within its discretion in offsetting  Rose’s  higher
earning capacity and resources by including  the  Buffalo  property  in  the
overall 50-50 split, rather than setting it off to Rose as a separate  item.

      Neither party has cited any case where an equal division was  reversed
on the account of inherited property.  Indeed,  Indiana  law  presumes  that
“an equal division of the marital property between the parties is  just  and
reasonable.”   I.C.  §  31-15-7-5.   In  many  circumstances,  it   may   be
appropriate to award a greater share of the marital property to  one  spouse
by reason of inheritance.  But Indiana statute requires all property  to  be
considered in the marital estate.  I.C. § 31-15-7-4.   Even  if  some  items
meet the statutory criteria that may support  an  unequal  division  of  the
overall pot, the law  does  not  require  an  unequal  division  if  overall
considerations render the total resolution just and  equitable.   The  trial
court considered seventy-two exhibits and the testimony of  four  witnesses,
which were presented over the course of three days.[2]  Although several  of
the couple’s assets were brought to the marriage, there was  no  requirement
that any be set off for one spouse, and no requirement that the overall  pot
be unequally divided.  Rather, we conclude that the trial court  was  within
its discretion in dividing the property  50-50,  and  was  not  required  to
alter its virtually equal  division  of  the  marital  property  to  reflect
Rose’s interest in the inherited Buffalo property.

                                 Conclusion


      Pursuant to Indiana Appellate Rule 58(A)(2), we summarily  affirm  all
other issues.  We  affirm  the  trial  court  in  all  respects  except  the
attorney fee issue.  This case is remanded for resolution of that issue  for
the reasons given by the Court of Appeals.


      SHEPARD, C.J., and DICKSON, SULLIVAN, and RUCKER, JJ., concur.















-----------------------
[1] On appeal, Rose raised several other issues.  She  contended:   (1)  the
divorce decree was void due to a jurisdictional defect caused by  the  trial
court’s failure to strictly comply  with  Howard  Local  Rule  16(B),  which
requires the filing of financial  disclosure  forms  by  the  parties  to  a
dissolution proceeding; (2) the findings of fact and conclusions of  law  do
not support the trial court’s award of attorney’s fees to Anthony;  and  (3)
the trial court erred in including horses and automobiles Rose claimed  were
owned by her daughter.  The Court of  Appeals  held  that:   (1)  any  error
relating to the trial court’s failure to abide by Howard  Local  Rule  16(B)
was waived by Rose’s failure to object timely; (2) the  trial  court’s  sole
reference to Rose’s “conduct”  during  the  course  of  litigation  was  not
sufficiently complete to support the attorney’s fees award;  (3)  the  trial
court did not abuse its  discretion  in  weighing  competing  interests  and
concluding that Anthony should have possession  of  the  marital  residence;
(4) in  light  of  the  conflicting  evidence  regarding  the  horses’  true
owner(s), the trial court did not clearly  err  by  including  them  in  the
marital estate; (5) a Pontiac Sunfire was properly included in  the  marital
estate; (6) it  was  harmless  error  for  the  trial  court  to  include  a
Volkswagen Jetta in the marital estate; (7) the trial court’s  inclusion  of
Rose’s one-half interest in the Buffalo property in the marital  estate  was
proper; and (8) except for failing to set  aside  the  Buffalo  property  to
Rose, the trial court did not abuse its discretion in dividing the  property
almost nearly equally between the parties  despite  Rose’s  claim  that  she
brought more assets to the marriage than  Anthony  and  earned  more  income
during the course of  the  marriage,  and  despite  Rose’s  claim  that  her
daughter’s  social  security  benefits  contributed  to  the  operation  and
maintenance of the household.  Fobar, 756 N.E.2d at 512.   Except  as  issue
(8) relates to the Buffalo  property,  we  summarily  affirm  these  issues.
Ind. Appellate Rule 58(A)(2).
[2] The trial court stated:
      There was considerable dispute as to a lot located and referred to  as
      the Buffalo Real Estate.  The property had originally  come  from  the
      lineage of the Respondent’s first husband (husband’s mother) which  is
      shown by Respondent’s Exhibit  W,  deeded  to  Robert  L.  Fobar,  the
      Respondent’s first husband.  This was subject to a life estate in  his
      mother, who is  now  deceased.   That  in  accordance  therewith,  the
      property would be owned ½ half by the Respondent and ½ by  Robin,  the
      daughter of Robert Fobar by right  of  inheritance  from  Respondent’s
      first husband.  That as a result thereof, the Court  is  justified  in
      giving consideration to the source of said property, and dividing  the
      marital assets of the parties.  The Court finds that a fair evaluation
      for said property is in the sum of $45,000 and that Robin Fobar is the
      owner of ½ of said Real Estate, the value therefore for  inclusion  of
      marital assets is $22,500.