Legal Question in Family Law in Indiana

Rights in a Divorce

My husband and I have been together for over 30 years, divorced once. And then remarried. For the past couple of months he has been cheating on me. My name isn`t on the deed to the house. We have a daughter that is mildly mentally handicapped.My question is this. Can he make us move out, or can we make him move out until we go to court for the divorce? If I can make him move out will he still have to make the payments? What chance do I have for my daughter and I to keep the house after the divorce, and him still pay for it? Can I get alimony from him? Right now I am not employed. He can be violent at times. He is dependent on pills and I am not sure what he will do. I am afraid that since my name isn`t on the deed that he will be able to make us move, and we really don`t have anywhere to go.Any answers that you may have for me is greatly appreciated. Thank You


Asked on 6/10/04, 5:44 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Rights in a Divorce

Regardless of whose name is on the deed to the house, the house is your marital residence and you both have the right to continue to dwell there until there is a hearing and the court determines which one of you will continue to stay there and who will make the payments. You have a very good argument for staying in the house and your spouse making maintenance payments since your child is incapacitated. You should contact a local attorney to begin your process and make sure you have a preliminary hearing to determine the issues you have brought up, then you will have some rules to follow until the matter can be finalized.

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Answered on 6/11/04, 10:20 am


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