Legal Question in Family Law in Indiana

State law concerning property and cash

I have been married for almost 15 years. Both myself and spouse would mutually like to dissolve the marriage, but are still living in the same domicile at this time. We are each retired from military service and currently both work full time for the federal gov. We jointly own a home (I am the primary (using my VA home benefits)and we have joint bank accts. What is Indiana law on separation of property and cash (specifically a home). Spouse may or may not want to keep the home, what would his obligation to me be in order that I no longer be legally responsible for the home. Also, should spouse decide to be difficult and it is necessary to physically separate, what are me legal rights to remain in the home and force him to vacate? Thank You


Asked on 4/04/04, 4:27 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: State law concerning property and cash

There is no prohibition against a couple remaining jointly in the marital residence during the pendency of the dissolution - or even until it is sold. However, that situation tends to become rather uncomfortable for both and usually one will give up and leave. All property in your situtation is divided 50/50. If one keeps the house, the other quit claims it and the one keeping it agrees to get it refinanced at some point in time (now or later) to pay off half the equity - or it can remain in joint names until the half of equity is paid. The spouse keeping the house agrees to indemnify and hold the other spouse harmless on the mortgage while it is in joint names.

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Answered on 4/06/04, 10:01 am


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