Ind. Elkhart Cnty. Local Rule LR20-FL00-420

A. If the parties are unable to divide personal property and household goods by agreement, the

method of division shall be by the private two-party auction, which shall be conducted by the

lawyers for the parties or a Magistrate in a timely manner on such terms as the Magistrate deems

appropriate.

B. Either party may initiate a two-party auction at any point in the proceedings upon application to

the court. Upon application, the non-possessory party may have reasonable access to the personal

property to comply with this rule.

C. Prior to the auction, the two parties are ordered to prepare and submit one itemized list of all

household goods and personal property noting, items of a separate nature (e.g., premarital,

extended family gifts, inheritance, disposed of or disputed items, etc.).

D. A party who intentionally fails to cooperate or participate in the inventory and auction process will

be subject to sanctions.

E. At the conclusion of the auction, the Magistrate or lawyer conducting the auction shall

immediately provide copies of all pages indicating the auction results to the parties, and the said

results shall promptly be filed with the appropriate court.