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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. What You Need to Know About a Farm Divorce

What You Need to Know About a Farm Divorce

On Behalf of Dixon & Moseley, P.C. | Jan 31, 2018 | Division of Assets, Divorce, Property Division, Property Valuation

This blog discusses the considerations in the division of a farm as part of the marital estate and how same may be valued in a dissolution proceeding. A farm that as part of the marital estate creates unique issues in a dissolution of marriage, and the potential for argument over the ultimate division of the farm property, which the firm has handled at the trial court level and on appeal to higher courts.

In determining the division of farm property, some consideration must be given to how the farm was acquired, which may impact the ultimate division from the presumption of 50/50. Farms are often times brought into the marriage by one party or are acquired through inheritance. There may be arguments for deviation based upon how the farm was acquired, or the involvement of the parties in the farming operations.

The threshold or another key question is if the farming operation is valued as a business, or as the individual value of each item that makes up the farm. This will generally be fact sensitive and determined on a case by case basis. If the farm is valued based upon each item, and not as a whole farm operation, there are several parts of the valuation of the farm property including the real estate, equipment, livestock, horses (and other animals) and growing crops.

Farm property, or the real estate, can typically be valued by a farm real estate appraiser. One well-known farm appraiser is Halderman Real Estate and Farm Management. Depending upon the location of the farm property can impact the value significantly, especially in developing areas where farms are being purchased for residential housing. Therefore there can be a wide range in the value of the farm real estate itself.

Crops that are growing in the field are considered part of the marital estate. The crops can be valued and can include any subsidy or funds provided by the USDA. The court can also consider the value of the party’s labor in tending to the crops to reduce the value of same.

Farm equipment can likewise be valued by an appraiser as well as livestock. Horse farms are somewhat more difficult, as the value of a horse can change quickly, and typically they are more valuable for breeding purposes.

Ultimately when the Court determines the division, the Court could award a dollar amount to the party that is not awarded the farm property, or the Court could divide up and award the real estate to each party. Depending on how the party is awarded either funds or real property may have tax implications, which are beyond the discussion of this blog.

The take-aways from this blog post is a (crop) farm divorce (which varies slightly from livestock operations) involves a complex operation that has more or less value depending on some of the variables noted in this blog. It is critical to have a skilled attorney who understands the wide range of variables in valuing a farm for divorce, as well as experts ranging from experts on farm real estate values to the animals, crops, and equipment itself. Without these, a divorcing party stands to loses tens of thousands to hundreds of thousands of dollars of unaccounted for value. A farm divorce is a complex legal, financial, and valuation transaction. Understand this if you are going to be in a farm operation as a part of a divorce case.

This blog post was written by attorneys at Dixon & Moseley, P. C. who handle the full spectrum of domestic issues, ranging from premarital agreements to divorces to appeals. This includes the unique, challenging, and complex issues associated with the “farm” divorce. We hope this blog has provided you with useful information in understanding the implications of farm ownership under Indiana divorce law. This blog is not a solicitation for legal services or a specific legal advice. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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