Court of Appeals of Indiana | Memorandum Decision 52A02-1506-DR-700 | May 19, 2016 Page 1 of 10

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEYS FOR APPELLANT

Steven K. Raquet

Derick W. Steele

Raquet, Vandenbosch & Steele

Kokomo, Indiana

ATTORNEY FOR APPELLEE

Jeffry G. Price

Peru, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Richard A. Vagedes,

Appellant-Petitioner,

v.

Betty Jo Vagedes,

Appellee-Respondent.

May 19, 2016

Court of Appeals Case No.

52A02-1506-DR-700

Appeal from the Miami Superior 

Court

The Honorable Daniel C. Banina, 

Judge

Trial Court Cause No.

52D02-1310-DR-294

Robb, Judge.
Court of Appeals of Indiana | Memorandum Decision 52A02-1506-DR-700 | May 19, 2016 Page 2 of 10

Case Summary and Issue

[1] The marriage of Richard Vagedes (“Husband”) and Betty Jo Vagedes (“Wife”) 

was dissolved by a Decree of Dissolution entered by the trial court on May 15, 

2015. Husband appeals the trial court’s division of property, raising the sole 

issue of whether it was error to divide the marital property equally between the 

parties. Concluding the trial court did not err in finding an equal division was 

just and reasonable in this case, we affirm.

Facts and Procedural History1

[2] Husband and Wife were married in 2003 and separated in 2013. No children 

were born to the marriage. Husband owned a home valued at $98,000 

encumbered by no debt at the time of the marriage. During the marriage, 

Wife’s name was added to the deed and the parties took out a mortgage on the 

house. In addition, Husband came into the marriage with an investment 

account that was funded by monetary gifts from his first wife’s parents and by 

money he inherited when his first wife died. The account was valued at

approximately $114,000 at the time of the marriage. By the time of the final 

hearing, the investment account was valued at approximately $55,000. 

 

1 We commend Husband for keeping the Statement of the Case and the Statement of Facts in his brief 

concise and relevant to the issue presented. We also commend Wife for agreeing with Husband’s Statement 

of the Case.
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[3] Husband worked a full-time job for the first few years of the marriage, until he 

was disabled by a back injury. Wife also worked full time at various jobs during 

the marriage until she was temporarily disabled by a cancer diagnosis. Both 

parties were receiving disability benefits at the time of the final hearing—

Husband receives approximately $1,350 per month and Wife receives 

approximately $1,300 per month—and Husband receives a pension of 

approximately $850 per month. Wife was also working a temporary job at the 

time of the final hearing, making approximately $520 per week. Wife has an 

IRA she contributed to throughout the marriage valued at $11,000.

[4] The trial court held a final hearing in February of 2015. Husband, Husband’s 

daughter who was managing his finances, and Wife all testified. As the trial 

court characterized it, Husband proposed an “extreme deviation” from the 

presumptive equal division of the marital property, arguing Wife should only 

take from the marital estate what she brought in – the value of her vehicle and 

her IRA, or approximately $24,000.2 Appellant’s Appendix at 29. Wife

proposed an equal distribution.

[5] The trial court entered its Decree of Dissolution on May 15, 2015:

Both parties have had serious medical conditions. Both parties 

receive Social Security Disability benefits but [Husband] also 

receives a pension in addition to the Social Security. The court 

 

2 Based on the trial court’s calculation that the net marital estate was valued at $130,760, Husband’s proposal 

would have resulted in an 18/82 percent division in his favor.
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notes that [Husband] receives slightly more income than [Wife] 

does.

[Wife] testified that during most of their marriage, [Husband] did 

not work and drew disability while she worked for the majority 

of the marriage. She testified that her income provided the 

health insurance for the couple and helped pay the household 

bills.

However, [Wife] testified that she currently is in remission from 

breast cancer Stage III and has started back to work full time 

through a temp agency. [Wife] also said that she must have 

reconstruction surgery in April that will take her away from her 

work for several weeks and there will be future testing to monitor 

the cancer. Thus, while [Wife] expects to make a full recovery 

and eventually go back to work full time, her health and financial 

security in the future are currently unknown.

[Husband] appeared to claim that he received an inheritance in 

the form of the [investment] account before marrying [Wife] and 

that he should receive all of what’s left. [Husband] did not argue 

that the [investment] account was not marital property, just that 

there should be an extreme deviation from the presumption of an 

equal and just division, presumably because of the inheritance. 

[Wife] presented evidence that marital funds were used to pay a 

loan taken against the [investment] account and that [Wife] had 

expected to receive a portion of those funds if [Husband] passed 

away.

[Husband] testified that he also had the marital residence from 

before the marriage to [Wife] and that he should receive that as 

well. However, [Husband] added [Wife] to the house deed in 

June 2003. [Wife] contributed financially to its maintenance 

during the marriage by cosigning on a mortgage to make certain 

large repairs, such as the roof, soffits and driveway. . . .
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The parties seemed to agree that each would receive any bank 

accounts that each person now has and each party would retain 

any other personal property now in his or her own 

possession. . . . 

The court is to presume an equal division of the marital property. 

I.C. 31-15-7-5. The statute instructs the court to consider what 

the parties brought into the marriage, the parties’ behavior during 

the marriage with respect to any dissipation of assets and as well 

as accumulation of assets and debts during the marriage. The 

court is also to take into account the parties’ incomes as they 

proceed into the future. The court now concludes that a just and 

reasonable division for both parties would be an approximate 

equal division of the assets and debts

. . . . The court does not find that [Husband] has overcome this 

burden or that there was evidence of a “true” inheritance to 

justify a deviation.

* * *

As a result of the equal distribution of assets and debts [Husband] 

owes [Wife] $36,182.71. 

Id. at 28-31 (emphasis in original). Husband now appeals the trial court’s 

division of property.

Discussion and Decision

I. Standard of Review

[6] Indiana Code chapter 31-15-7 governs disposition of marital assets in a 

dissolution proceeding. Pursuant to Indiana Code section 31-15-7-4, the trial 
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court shall divide the property of the parties in a just and reasonable manner, 

whether that property was owned by either spouse before the marriage, 

acquired by either spouse in his or her own right after the marriage and before 

the final separation, or acquired by their joint efforts. This “one pot” theory of 

marital property ensures that all marital assets are subject to the trial court’s 

power to divide and award. Estudillo v. Estudillo, 956 N.E.2d 1084, 1090 (Ind. 

Ct. App. 2011). The division of marital property is highly fact sensitive, Fobar v. 

Vonderahe, 771 N.E.2d 57, 59 (Ind. 2002), and is therefore a task within the 

sound discretion of the trial court, Love v. Love, 10 N.E.3d 1005, 1012 (Ind. Ct. 

App. 2014). We will not weigh the evidence, instead considering the evidence 

in the light most favorable to the judgment. Fobar, 771 N.E.2d at 59. We will 

reverse only for an abuse of discretion; that is, if there is no rational basis for the 

award or if the trial court has misinterpreted the law or disregarded evidence of 

the statutory factors. Luttrell v. Luttrell, 994 N.E.2d 298, 301 (Ind. Ct. App. 

2013), trans. denied. Although the facts and reasonable inferences might allow 

for a conclusion different from that reached by the trial court, we will not 

substitute our judgment for that of the trial court. Webb v. Schleutker, 891 

N.E.2d 1144, 1154 (Ind. Ct. App. 2008).

[7] The trial court’s judgment here included sua sponte findings of fact and 

conclusions. Where a trial court enters findings sua sponte, we review issues 

covered by the findings with a two-tiered standard of review that asks whether 

the evidence supports the findings, and whether the findings support the 

judgment. In re S.D., 2 N.E.3d 1283, 1287 (Ind. 2014). Any issue not covered 
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by the findings is reviewed under the general judgment standard, meaning a 

reviewing court should affirm based on any legal theory supported by the 

evidence. Id.

II. Equal Division of Marital Property

[8] “The court shall presume that an equal division of the marital property between 

the parties is just and reasonable.” Ind. Code § 31-15-7-5. However, the 

presumption of equal division may be rebutted by a party who presents 

evidence that an equal division would not be just and reasonable because of the 

contribution each spouse made to the acquisition of property; the extent to 

which property was acquired before the marriage or through inheritance or gift; 

the economic circumstances of each spouse at the time of dissolution; the 

conduct of the parties during the marriage relating to their property; and the 

earnings or earning ability of each party. Id. The party seeking to rebut the 

presumption of equal division bears the burden of proof of doing so. Beckley v. 

Beckley, 822 N.E.2d 158, 163 (Ind. 2005). 

[9] Husband argues the trial court erred in equally dividing the marital property. 

As the trial court noted, Husband did not advocate leaving the value of the 

house or the investment account out of the marital pot, and he does not do so 

on appeal. Rather, he asserts the trial court failed to give proper “weight and 

credit to the value of the property [Husband] brought into the marriage, the 

length of time the property was owned prior to the marriage and the 

contributions, or lack thereof, provided by [Wife] in obtaining the property.” 
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Brief of Appellant at 7. Accordingly, Husband argues the trial court should 

have deviated from the presumptive equal division and awarded him a greater 

percentage of the marital estate.3

[10] The trial court’s property division is to be considered as a whole and not item 

by item. Fobar, 771 N.E.2d at 59. No one factor listed in section 31-17-7-5 is 

entitled to special weight over any other. See Bertholet v. Bertholet, 725 N.E.2d 

487, 496 (Ind. Ct. App. 2000). “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.” Fobar, 771 N.E.2d at 59. With respect to the factors set out 

in Indiana Code section 31-15-7-5, Husband did bring the majority of the 

marital property into the marriage, at least some of which was acquired by 

inheritance or gift. See Ind. Code § 31-15-7-5(1) and (2). Not only does 

Husband already have a greater income, Wife is about to lose her temporary 

employment for medical reasons, and although she hopes and expects to be able 

to return to work, there is no guarantee that she will so her future economic 

circumstances are uncertain. See Ind. Code § 31-15-7-5(3) and (5). The parties 

treated the house and the investment account as joint property. See Ind. Code § 

31-15-7-5(4). Husband owned the house when the parties were married, but 

 

3 Wife misconstrues Husband’s argument when she states Husband “got what he asked for, namely the house 

was awarded to him.” Appellee’s Brief at 9. He did indeed receive the physical house, but what Husband 

advocated was that he also receive the value of the house on his side of the balance sheet with no offsetting 

payment to Wife.
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Wife was added to the deed on the house and co-signed a mortgage used to 

make repairs and improvements. As to the investment account, whether or not 

Wife had direct access to the investment account herself, monies were 

withdrawn from that account for family purposes. Further, Wife testified that 

the investment account was to be shared equally between her and Husband’s 

daughters upon Husband’s death. In fact, after the downturn in the market 

caused the value of the account to decrease, the shares were rearranged so that 

Wife would receive a greater percentage. 

[11] Although the couple’s largest assets were brought into the marriage by 

Husband, there was no requirement that any assets or value be set off to him

and no requirement that the overall pot be unequally divided. The evidence 

favorable to the judgment amply supports the trial court’s finding that an equal 

division of the marital pot is just and reasonable.

4

Conclusion

[12] The trial court did not err in finding that Husband had failed to rebut the 

presumption that an equal division of the marital property is just and 

reasonable. Accordingly, the trial court’s judgment dividing the property 

equally is affirmed.

 

4 Although not raised by Wife, we note the trial court awarded Husband’s pension to him and Wife’s IRA to 

her. However, the trial court assigned no value to Husband’s pension while including the $11,000 value of 

Wife’s IRA in the marital pot. So in fact, Husband did receive more than fifty percent of the marital estate.
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[13] Affirmed.

Barnes, J., and Altice, J., concur.