Goodyear v. Goodyear

ROBERTSON, Judge.

Martin 0. Goodyear (Martin) appeals the granting of summary judgment in favor of his former wife, Bonnie D. Goodyear (Bonnie), on her counterclaim for part of a federal income tax refund which was issued jointly to them. Her counterclaim alleged the refund was a marital asset pursuant to Ind.Code 31-1-11.5-11. The trial court awarded Bonnie one half of the $11,059.00 refund plus one half the interest earned while the amount was held in escrow during litigation.

We reverse and remand.

Martin and Bonnie were married in 1946 and divorced on January 4, 1979. They operated a mobile…