Legal Question in Real Estate Law in Indiana

Re: Can I get my equity?

If you had an attorney in the divorce proceedings, then you should take this matter up with that attorney. If that is not an option for you, then you should promptly consult with another attorney so you can prepare an effective plan of action. Without reading your divorce decree and related papers, it is not possible to evaluate your situation. For instance, you didn't define the date on which equity is to be evaluated nor whether "sale" includes a refinance. However, it is usually possible to record a copy of the decree with the county recorder, noting the parcel number of the real estate involved, so people are on notice that you have an equity interest. This will give you some leverage in refinance situations. The most important thing you can do is bring this to the attention of an attorney who can read the documents. It is a service you should cheerfully pay for. Contact your county bar association for a referral for a consultation at a reasonable price.

Re: Can I get my equity?

To provide an appropriate answer to your question, I would need to review your Decree and Property Settlement Agreement-keep in mind that unless there is a cap in your dissolution papers, your ex could be building your equity by keeping up the mortgage payments. It is imperative that you seek a consultation with an atty asap

Re: Can I get my equity?

If your decree did not specify the dollar amount you are entitled to upon sale, then the more you get when it is sold. To make sure he does not sell without your knowledge, get a copy of your decree certified by your county clerk, write down your parcel number (if you know it) and the legal description in the white space at the end of the document and then take it to your county recorder, who will charge you $14 plus $1 per page over 1 page and an extra $1 if the margins are not to statute (which might mean it would cost up to $30 if the decree is lengthy). Once recorded, if he attempts to refinance, the mortgage company will probably insist that he negotiate a buyout of your interest.

Alternatively, you could file a TR 60 motion to set aside the decree and bring it to the divorce court's attention that he has not sold the property and that your equity is not fixed. I doubt that this would solve your situation.