Legal Question in Real Estate Law in Indiana

My husband was required in his divorce to sell the marital residence and divide proceeds 50% with his ex wife. After January 2008 (per the decree) the proceeds for the ex wife were diminished by the reduction in the principal paid by my husband on the home until it sold. We sold the home using a realtor last July (after unsuccessfully selling the home by owner for 2 years) and ended up owing on the house and making no proceeds. The ex-wife asked (via text) about her proceeds and we notified her that she received no proceeds and we broke even on the house. She is now taking us to court for contempt saying we didn't notify her of the sale of the house and her proceeds and suing for court costs since she had to hire an attorney to get information, which is a lie becuase we did disclose this info to her. Wouldn't any proceeds from the house be distributed by the closing company, not us? And we did notify her (and have the proof) the divorce decree did not state that we were to give her any formal paperwork (and would think that, too, would be given by the closing company along with any proceeds). Could we countersue for frivolous litigation with malicious intent?


Asked on 3/25/11, 7:00 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You need a lawyer to read the agreement, look at the closing, and discuss this with your husband. He has financial risk here, and needs more advice than he get from a posting on this forum.

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Answered on 3/25/11, 8:03 am


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