Legal Question in Family Law in Indiana

Incarcerated spouse power of attorney

My husband just went to prison, possibly for the rest of his natural life, for molesting a child. I am still married to him, though we have not lived in the same home since this was disclosed several months ago. Until his recent trial, he has continued to pay the household bills, but is now in jail. I've been married to him for 12 1/2 years, and have been told that his sister has been given his power of attorney, and that I will not be able to access any of his pension or any other finances to continue to make our house payments, pay our credit card bills, etc. Throughout our marriage, he insisted that I be a homemaker, but I have now gotten a job, and am trying, but will never make enough to pay all of this debt. Don't I have any rights as his still legal wife? What are they? If it makes any difference, we are both 51 years old.


Asked on 12/26/06, 1:53 am

1 Answer from Attorneys

Re: Incarcerated spouse power of attorney

I suggest that you immediately file for dissolution of marriage and obtain a restraining order concerning the asset. You will probably be entitled to 50% or more of the property, including his pension.

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Answered on 12/28/06, 10:48 pm


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