Legal Question in Family Law in Indiana
Unique situation - Vehicles, Home
My spouse and I have decided it's best to divorce but remain friends. This brings a unique situation. The house is in his name but the vehicles are shared. There is nothing to fight over in court. Due to our friendship would we still be required to list these things and the amount owed etc? My vehicle is a mini-van which he'll always be able to use when needed. Can we just select the option of not having vehicles since this isn't an issue?
3 Answers from Attorneys
Re: Unique situation - Vehicles, Home
Well, I am not sure from what you have written if you have filed or not, what kind of document you are filing with the court, if you have an attorney or not, and/or how you have the vehicles titled. The real question is not if you list them on some financial disclosure for the court but how they get treated in the divorce. You, also, do not mention what debt there is on the vehicles.
Re: Unique situation - Vehicles, Home
In a divorce, the parties can typically do anything they agree to do, so long as it is legal. Dividing the property in a way that pleases both parties, is not illegal. It really is that simple.
Strongly suggest that you speak with a local attorney who can assist you in drafting a settlement agreement, which both parties sign and then submit to the court. Highly unlikely the court would have a problem with a signed, stipulated settlement agreement since these are done every day of the week.
Re: Unique situation - Vehicles, Home
There is a difference between a financial disclosure and the division of property. You should disclose all of your assets to each other fully. In the event that at sometime in the future, things stop being friendly, you will be protected from a claim of fraud.
You can divide up the property by agreement in any way that you want as long as it is legal. If everything is agreed to, Indiana has a nice procedure that can be used and which allows for a divorce without anyone ever personally appearing in court.
You should contact an Indiana attorney to draw up the papers.
Good luck, and I might add it is a pleasure to see two people being so amicable during a divorce.