Legal Question in Family Law in Indiana

Been married for a year and two months. Now we're going through a divorce. We bought a house together before we were married and we put both our names on it. My family and I put a large down payment on it. We have all the paperwork showing it was my family and I who did. Would she be able to fight for half of that down payment?

I'm actually going to sell the house next month, would I be able to get her to pay for the Realtor?


Asked on 9/30/09, 2:36 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

" Would she be able to fight for half of that down payment?" What you really want to know is if she may be entitled to half of the equity created by that payment. The answer is yes.

You can not sell it without her permission as long as it is jointly titled. Any realtor would require you both to sign the listing agreement, and then both of you would be responsible for the commission.

If you have not yet hired an attorney, go do so now. This investment is too important to try to protect by yourself, and once the judge enters a decree, it can not be fixed later.

Read more
Answered on 9/30/09, 3:44 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana