Legal Question in Family Law in Indiana

Re: Suing for back rent

It appears that your wife filed an action against you which is not part of a divorce matter. If it were part of a divorce case, then the court could, if it felt appropriate, order you to continue making payment on certain joint marital obligations as part of maintenance.This could include the rent.

However, if as stated above, this is not part of a courts preliminary dissolution order, it may a different story. Assuming this is the case, then you and your wife may be both obligated under the lease to the landlord. If so, the landlord could take action against one or both of you for any back rent owed, even if you were not living there. If the lanlord filed an action against your wife alone, then it's possible she is trying to recover half of that amount from you as you were also obligated by being on the lease for the time in which the unpaid rent was owed.

Yet, based on the scant information provided by you, she may have had management revise the lease removing you, leaving her as the only leasee with no back rent owed under the prior lease. So, if you could not remain in the apartment due to a court order, i.e. protective order and no back rent is owed, then a court will have to decide whether your wife asking for part or all of the rent when you legally could not inhabit the apartment is equitable. I would think her chance for recovery not very great, but one never knows if this in a small claims court. They do not always appear consistent on such matters.

Do your home work and contact the apartment manager and inquire if back rent is or was owed. Also ask if the lease has been modified leaving your wife as the only person on it and when that took place. Try to obtain copies of as much documentation as you can and do not send her any messages through the aparment manager or other employees. After this, go get a lawyer. Investing $600 -$800 now may give you a piece of mind and save you a couple of thousand dollars as well. Remember she has a protective order meaning no direct or indirect contact with her, so an attorney would be the logical choice. Good luck to you.