Legal Question in Family Law in Indiana

remarried my husband 1 month after our divorce, he wants equity from house I won

My home in my name earned substantial equity between 1992 at purchase and 1997 when appraised before I married him. We divorced in 2000 settled out of court and I got the house which maybe earned 2,000 more equity during marriage.

Remarried one month later, separated in Feb 2002. I rented house and he bought one in his name we lived in. He sold it during separation and it appraised for 10,000.00 equity but, he made no proffit after paying closing costs. He was behind in payments 4000.00 for making no payments on it during separation. On this house they say I get nothing of nothing. True?

On my home, he is asking for the equity from both marriages. Also, to complicate things my renters signed not a contract but rental agreement with purchase option in second marriage.

purchase price 33,500

refinance to 50,000 in 4 '97

appraised at 63,900 in 5 '97

married 5 '97 I got house in settlement

divorced in 4 '00 remarried 5 '00

Renters signed option to buy 12 '00 for 64,500 - 7,200

for half of 2 years rent

divorcing again as of feb 2002

What equity is he entitled to and am entitled to something from his home? Also need case law to support that he shouldn't get equity from first marriage.


Asked on 5/18/02, 12:45 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: remarried my husband 1 month after our divorce, he wants equity from house I

The generally principle which is applied is that all property aquired in the course of the marriage is placed into the "marital pot". It is then from that point that all claims made by the respective parties must then be sorted out.

It would seem that from the circumtances given, that even where you remarried to the same person, the situation would be treated as it is, a new marriage. The person whom you remarried would not appear able to obtain an interest in that which he was divested from when the first marriage had been legally dissolved by the court. Based on these limited facts provided, the Charcter of the property seems now to be separate and aquired before this new marriage was enter into.

Again from the facts as presented here, unless you titled some interest in the property owned previously to your current marriage , your former and now current spouse invested money and/or services to improve the property or otherwise a gift in interest was made by you to him, that his claim would not seem like a very strong one.

However, by making such claims which require you to invest more time and money into the divorce, this may be seen as a tatic to force to settle on this issue rather than spend an amount equal to or greater than the amount of equity demanded.

Assuming that you have an attorney representing your interests, you may wish to discuss the specific issues with him or her as that person would have a greater understanding of all the facts and issues then presented here for this discussion. It should be this person who conducts the appropriate research for the case law you seek. If you do not have counsel, then consider retaining one as soon as possible.

The above is only a general overview of the issue and topic raised and SHOULD NOT be relied upon as legal advise applicable to your case or as a subsitute for consulting with your attorney.

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Answered on 5/19/02, 1:21 pm


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