Dele Omije v. Bethany Whilby-Omije
24A-DR-02217
Ind. Ct. App.Mar 21, 2025Background
- Dele Omije (Husband) and Bethany Whilby-Omije (Wife) divorced in 2015; the dissolution decree ordered the sale of a marital home in California with proceeds to be equally divided.
- Husband failed to sell the home for nearly nine years, citing potential financial loss if sold immediately post-divorce.
- Wife, acting pro se, filed multiple unsuccessful contempt motions before the trial court finally ordered a hearing in 2024.
- At the hearing, Husband admitted he did not sell the home, and the court found him in contempt but declined to sanction him provided he complied with the original decree.
- Husband then sought credits for expenses incurred post-divorce and challenged the valuation date of the home, arguing value should be set as of the dissolution decree date.
- The trial and appellate courts addressed whether Husband was entitled to such credits or a fixed earlier valuation, ultimately affirming the trial court’s enforcement order.
Issues
| Issue | Omije's Argument | Whilby-Omije's Argument | Held |
|---|---|---|---|
| Credit for post-dissolution home expenses | Husband should get credit for expenses after divorce | Husband’s own delay; not entitled | No evidence submitted; no credit due; expenses result of his delay |
| Value date for division of home sale proceeds | Home value should be fixed as of dissolution decree date | Home should be sold now, split | No abuse of discretion; sell now, split based on current proceeds |
Key Cases Cited
- Meyer v. East, 205 N.E.3d 1066 (Ind. Ct. App. 2023) (trial court has broad discretion regarding property valuation in dissolution)
- Smith v. Smith, 194 N.E.3d 63 (Ind. Ct. App. 2022) (court will not disturb valuation absent abuse of discretion)
- Webb v. Schleutker, 891 N.E.2d 1144 (Ind. Ct. App. 2008) (trial court can choose valuation date between dissolution petition and final hearing)
