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Crider v. Crider

Court of Appeals of Indiana

February 27, 2015

Mary Ann Crider, Appellant-Respondent,
v.
Robert Crider, Appellee-Petitioner

Appeal from the Howard Superior Court. The Honorable Brant J. Parry, Judge. Cause No. 34D02-1204-DR-308.

ATTORNEY FOR APPELLANT: Brent R. Dechert, Kokomo, Indiana.

ATTORNEY FOR APPELLEE: Katherine J. Noel, Kokomo, Indiana.

Riley, Judge. Vaidik, C.J. and Baker, J. concur.

OPINION

Page 1046

Riley, Judge.

STATEMENT OF THE CASE

[¶1] Appellant-Respondent, Mary Ann C. Crider (Wife), appeals the trial court's division of marital property in the dissolution of her marriage to Appellee-Petitioner, Robert D. Crider (Husband).

[¶2] We reverse and remand for further proceedings.

ISSUE

[¶3] Wife raises one issue on appeal, which we restate as follows: Whether the trial court erred in its calculation and division of the marital estate.

Page 1047

FACTS AND PROCEDURAL HISTORY

[¶4] Husband and Wife were married on October 15, 1989. Throughout their marriage, Husband and Wife lived in Greentown, Howard County, Indiana. No children were born of the marriage, but both parties have adult children from prior marriages. Husband and Wife are retired.

[¶5] After more than twenty-two years of marriage, on April 2, 2012, Husband filed a Verified Petition for Legal Separation, and on June 28, 2012, he filed a Petition to Convert Legal Separation to Dissolution. On November 25, 2013, the trial court conducted the final hearing of the dissolution proceedings. On December 30, 2013, the trial court issued the Decree of Dissolution, granting the divorce and distributing the various items of marital property. With the exception of Wife's $75,000 inheritance, the trial court determined that the remainder of the estate should be equally divided between the parties. The distribution resulted in a net award of $276,692.52 (44%) to Husband and $351,693.53 (56%) to Wife. In order to effectuate its division, the trial court ordered Husband to make an equalization payment of $37,992.52 to Wife.

[¶6] On January 7, 2014, Husband filed a motion to correct error, alleging that the trial court mistakenly ordered the equalization judgment in Wife's favor. On January 9, 2014, the trial court granted Husband's motion and corrected its order to reflect that Wife should pay Husband the equalization sum. Then on January 29, 2014, Wife filed her own motion to correct error. In part, Wife asserted that the trial court erred by attributing the value of a tract of Florida real estate to her share of the marital estate and by ...


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