Legal Question in Family Law in Indiana

My personal things letf in the home.

After my divorce I tried to maintain the family home but because my ex didn't pay any support and the IRS came after me because of his 2004 back taxes, I couldn't afford it. My ex said if I signed a quit claim deed he would try to save the ''family home'', but I could stay until he rented it out to someone else. Then he got angry at me and forced me out of the house without my things. I am living with my parents and my old house is empty. It will be sold at a Sheriffs sale this month. My ex won't let me into the house to get my things. Do I have a right to get my things without his permission? My lawyer dropped me since I have no money to pay him now. My ex is $6,000 behind in child support.


Asked on 11/09/08, 4:03 pm

1 Answer from Attorneys

Re: My personal things letf in the home.

In my opinion, you hve to file a claim for wrongful eviction against your former husband, since your lease with him was that you could stay until he rented the house out. He actually has no right to keep you out now and you should be able to go back in and get your things without his permission since he evicted you without legal cause and due process.

If he has threatened you physically, used force against you or your fear that he will harm you, you can seek a pretective order for free in court that will grant you exclusive piossession of the home for now. You will probably be able to have an officer go with you.

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Answered on 11/09/08, 4:22 pm


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