Legal Question in Family Law in Indiana

separate with house and child

fiance and i had a house built. we have one 4 year old child. we are now separated and i am trying to assume the loan on the house b/c it is an fha loan. he believes that id we go to court, we will be forced to sell the home b/c the judge would not grant either of us to live in it. custody of the child has never been established but she has lived with me from birth. yes, he has always seen her but mainly on weekends and holidays. i have made 6 out of 8 house payments on my own as well as paid all the other bills in both of our names and the ones in my name only. two questions: would we have to sell the house? or be forced to? and is it automatic he would get joint custody of our child? i do not want joint custody.


Asked on 3/29/07, 2:29 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: separate with house and child

First, you are not married and the paternity court has no say over your property the way that a divorce court does.

Joint custody is not presumed in Indiana.

I suggest that you take a look at my Indiana Family Law and Divorce Blog about your property. I have several articles on cohabitation that will give you information on dealing with your property, paternity cases, and custody.

http://haslerlaw2.blogspot.com/

You definitely need to hire an attorney. With real estate and custody issues, you need professional advice and representation.

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Answered on 3/30/07, 10:11 am


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