Legal Question in Family Law in Indiana

Divorce & Personal Injury Settlement

I have a girlfriend that was injured in an automobile accident in September of 2012. Although the case is still on going, she would like to look into getting a divorce. She and her husband have only been married for 3 years. Since the accident, the husband has wanted nothing to do with the whole situation. Telling her "You're on your own" the whole time. Now that there looks like she will be getting a good size settlement, he's interested and trying to control what gets paid off. The biggest thing he is trying to get her to pay off is the house they live in that is in his mom's name.

Thus, benefiting he and his mom only.

There are no major assests in the marriage. She would be leaving taking their 3 year old son, her car that is in her dad's name (husband has a truck), all she and her son's personal belongings and moving in with her parents calling it done.

My question are:

Is the money from the personal injury settlement considered community property in the State Of Indiana?

If she leaves before getting the money but, before the divorce is final, could the husband still get half in the divorce settlement?

Thank you, in advance, for your time.


Asked on 8/20/14, 11:05 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

Your friend needs to ask an attorney these questions directly, as there are no simple answers that will give her the entire picture. Yes, some portion of the personal injury proceeds are probably marital property, but maybe not subject to a 50/50 division; more information is needed.

There is no reason to pay off a mortgage on someone else's house, whether it his mother or anyone else.

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Answered on 8/22/14, 11:10 am


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