Indiana Legal Seperation Case Study


Todd and Amy Byzeck were married on August 7, 2000. While married they bought a house together that is located in Camby, Indiana and is worth $120,000, they have a mortgage of $100,000. Amy and Todd also recently bought a cabin in Michigan for vacationing a year ago. The cabin is worth $80,000 and the mortgage owed on the house is $60,000. Todd drives a 2000 Chevy Tahoe, and Amy drives a 98 dodge neon. Both have worked during the marriage: Amy works at Indiana Organ Transplant as a nurse and Todd is a general Manger at the Menards store in Camby, Indiana. Amy received a sign on bonus of $10,000 and Todd has received profit sharing in the company that is now worth $80,000. They have divided all personal property and all that is left in dispute is

the house, the cabin, Todd’s profit sharing, Amy’s sign on bonus that is in the bank, and the money in an IRA account, which both have invested money in and is now worth $70,000.

Todd argues that he made more money than Amy did and the profit sharing that he invested in started before Amy and he started dating. Todd also maintains that he was the one paying all the house payments for the last 5 years and that Amy paid for everything else. Todd states that he feels entitled to the house and his profit sharing and half the money invested in the IRA account.

Amy argues that even though Todd made more money than she did, she has always been the one to clean the house everyday and maintain the upkeep by mowing the lawn, paying and doing all the grocery shopping, and paying all the utilities. She has no interest in the cabin in Michigan and states that Todd wanted it for hunting in the summers and maintains that she has never even been to see the cabin to this date. She feels that she is entitled to the house, half the money in the IRA account, to his half of his profit sharing, and also all of her sign on bonus through Clarian Health.

As Judge, I find that the residence that is located in Camby Indiana should go to Amy Byzeck along with the mortgage payments; she is to receive her sign on bonus, and all of the money within the IRA account. If Amy decides to sell the house in Camby she is to receive all profits from the sale of the house. Todd Byzeck is to receive all of his profit sharing, and the cabin in Michigan, if he decides to sell the cabin he is to receive all profits.

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