Kevin Fitzgerald v. Sarah O'Brien
── Kevin Fitzgerald v. Sarah O'Brien ──
Case No.: 24A-DN-00200
Court: Indiana Court of Appeals
Date: February 13, 2025
Author: Judge Rudolph Pyle
County of Origin: Johnson
Category: Civil
Decision: Reversed and Remanded
Judge May and Judge Brown concur
Husband and Wife began dating in 2016. In February 2018, Husband
purchased a home (“the home”) for $138,000. Husband made a $27,090.55
down payment and secured a $110,400 mortgage. Wife did not contribute to
the down payment, and her name was not on the mortgage.
[4]
In the fall of 2018, Wife moved into the home and began paying Husband $500
per month for “rent[.]” (Tr. Vol. 2 at 5). Wife understood that her payments to
Husband were going towards the “[m]ortgage payment or utility bills.
Anything towards the home[.]” (Tr. Vol. 2 at 6).
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