Legal Question in Family Law in Indiana

Premarital assets

My husband and I just got married over the summer. I moved in to the house that was previously owned by him and his ex-wife. Prior to our marriage, he said that he would either refinance or have my name added to the deed for the house, now he is fighting that issue. He's worried that if our marriage doesn't work out, he'll lose half of his equity to me. He states that if something were to happen to him, the house would automatically go to me. Is this true? (he has one daughter, and I believe when he and his ex-wife divorced, she just quit-claimed the house to him, they did not refinance to remove her name). I don't care about the equity in the home, I just want to make sure that if something ever does happen to him, my daughter and I aren't out on the street!


Asked on 11/03/99, 5:59 am

1 Answer from Attorneys
Marvin Coffey Marvin E. Coffey Attorney at Law

Re: Premarital assets

"He's worried that if our marriage doesn't work out, he'll lose half of his equity to me. He states that if something were to happen to him, the house would automatically go to me. Is this true? (he has one daughter,"

Should he die under the present circumstances you would receive a life estate in one third of his real estate and one third of the probate estate. You would probably have to pay rent to the child for two-thirds of the real estate. You do not receive the real estate automatically. If he put the house in both names and you were divorced there are provisions in the code under Indiana law for him to receive what he brought into the marriage. It is descretionary with the court but in my experience, absent other factors, the courts generally honor these provisions.

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Answered on 11/04/99, 9:21 am


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