Legal Question in Family Law in Indiana
Personal Property after Divorce
My husband and I divorced in June of 2007. It states in our divorce decree that my husand will stay in the marital residence and pay the monthly mortgage payments until it is sold (we agreed to a short sale). My husband moved out in September without putting the home up for sale and the home is now in the foreclosure process. My question is, do I have any legal right to go into the home and take any property that was left? My name is still on the loan, but the locks have been changed. There is property inside the home that my husband would not let me take and now it's sitting in a vacant home. What can I do?
1 Answer from Attorneys
Re: Personal Property after Divorce
Because the divorce decree has a provision that your husband pay the monthly mortgage payments until sold, his failure to do so would be considered contempt of a court order. Your best option is to retain legal counsel to bring a contempt action against your former husband. Generally, the prevailing party in a contempt action can recover attorney fees as well. Contact Sever Law to speak with a family law attorney.
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