Legal Question in Family Law in Indiana
Separation and Property Rights
I'm 6 months pregnant and my
husband walked out on me. I would
like to sell the house and car and file
for a separation so that I do not
accrue any more of his debt (he's an
unemployed alcoholic). I own the
house and car - my name is on the
title, loan and the deed for both. Can
I file for separation and then sell the
house and car? Then use any profit
to help pay bills? Or, do I need to sell
them before I file for separation to
avoid him getting 1/2 the profit?
What are my legal rights? Thank you.
1 Answer from Attorneys
Re: Separation and Property Rights
Forget about the separation, the man has abandoned you and your child! You need a divorce. In Indiana, a legal separation is only good for one year. regardles of what you file, you should ask the courts permission to sell assets. Although those items are in your name, absent a prenuptual agreement there is a presumption that there is a 50% split.
This presumption can be rebutted. You really need to see an attorney to discuss the particulars of your case.
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