Legal Question in Family Law in Indiana

divorce - house/pension

Contemplating divorce - house was mine before we met; have been married almost 10 years with 2 children. He inherited over $40,000 from his parents death that is gone (we have separate accts). He has a large retirement acct. I don't want his pension or any of the inheritance rec'd during our marriage, but can I use it as leverage to keep my home? He is an alcoholic and has quit since I kicked him out -- go figure! How can I keep my home without having to pay him anything. I worked 2 jobs and saved for over 8 years to buy my home. I make $26,000/year - he makes $68,000.


Asked on 2/18/07, 9:03 pm

1 Answer from Attorneys

Re: divorce - house/pension

It sounds like you have a grasp of the concept of matitial property. I do not have the details, however, in theory, it sounds like you have a basis for a greater than 50% prperty settlement along with child support. You certainly can negotiate away the pension for equity in the home. Even if he does not agree, the court may order that division so that the children may keep their home.

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Answered on 2/19/07, 8:24 am


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