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Indiana Law - What Are Some Examples of Property Divisions?

The following are examples of property division cases in Indiana. Judges in most situations aim to divide the assets 50/50. These cases show some of the exceptions.

Cases:

Simpson (1995) 650 NE2d 333 (marital estate -- including a home, pension plans, IRA accounts, cars, cash of $9,000, and the husband's bonus -- awarded 65% to wife and 35% to husband, where husband had an MBA degree and earned $78,000, and wife had been full-time housewife and mother to one child, then age 14, and had recently gotten job paying $20,000).

Castaneda (1993) 615 NE2d 467 (court included wife's $112,000 inheritance in marital "pot" but awarded full amount to wife; wife was employed part time as medical technician; children were ages 4, 6, and 8 at filing, and wife never commingled funds with her husband, and left proceeds in certificates of deposit).

Davidson (1989) 540 NE2d 641 (inherited property was subject to being divided).

Dougherty (1978) 371 NE2d 1328 ($19,600 to husband and $5,400 to wife; husband had owned investment rental property valued at $14,000 prior to the marriage).

Wilcox (1977) 365 NE2d 792 (substantially all marital assets, $42,000, to wife, where husband was tenured professor at Purdue University, and kept his pension plan (which was not valued), wife had given up a career to raise the three children, now grown, and wife had little chance of earning significant income).

Lewis (1977) 360 NE2d 855 ($34,000 to wife and $2,000 to husband, where wife was unemployed and husband had his own business and earned $34,000 a year).

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