Legal Question in Family Law in Indiana
Prpperty Division
I have presently been living with a gentleman for abour 11 years and in the event of a split up what happens to property purchased by each party during this relationship. Since there was no marriage, does each party keep what was bought their there own money? Each maintains a separate checking account and are responsible for certain debts. He owns the house and pays the mortgage payments.
If you need further information, please do not hesitate to let me know.
Thank you for your help.
1 Answer from Attorneys
Maybe a constructive trust
Your question is really one that must be answered by a local attorney because each state will have developed its own line of cases.You've probably guessed right! The title of the property is in his name and he paid the mortgage payments and I would imagine the taxes.Conservative courts would let him keep it, even though yu lived there 11 years. Their rationale would be, Hey, you made the choice to live with him without the benefits of the institution of marriage. More liberal courts would look at the promises made to each other, expectations, contributions you made to the living arrangement, etc., and might conclude that there was a constructive trust. That's a legal phrase meaning he was holding the house or at least part of it in his name for your benefit.I have no idea what Indiana law is. Check with your local attorney.But hey, fair is fair if each of you leave with what you brought financially to the relationship!And your message sounds upbeat and together, so there must have been some benefits you had over the 11 years.So continue to think positive and May the next 11 years be even better!