Legal Question in Family Law in Indiana

disability and divorce

we have been married for 12 yrs four yrs ago i was disabled i am now getting disability my husband wants a divorce am i entitled to keep my house and how does the marital property get devided we live in a trailer not paid for


Asked on 2/19/01, 1:08 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: disability and divorce

You probably have a great argument for receiving maintenance payments from your soon-to-be ex.

The courts don't like to leave a disabled spouse without a means to survive, especially when the disability arose during the marriage.

Then you could use that money to make the payments on the trailer.

Do you think you could maintain the payments, utilities, taxes, insurance, on your own with some maintenance money?

If there's a lot of equity in the trailer, then you would have to split the equity. You could trade "his" portion for something else of value so that you wouldn't have to sell it. Or you could take out a home equity loan to buy him out. Or you could take all the equity and lower maintenance payments. There are always ways of figuring it out.

Does that help answer your questions?

If not, e-mail me at [email protected].

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Answered on 4/03/01, 8:24 am


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