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.


Asked on 3/11/08, 10:52 am

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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Answered on 3/11/08, 10:20 pm


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