Legal Question in Real Estate Law in Indiana

Property Damage

My husband and I are legally divorced, but my name is still on the mortgage and insurance of the home that he still lives in. I chose not to force him to refinance as long as he makes the payments(which he does)--name removed--Recently I was at his house when an old girlfriend showed up uninvited and beat on the door and busted a window out in the house. I called 911 and they caught her driving away down the road and arrested her for DUI. My ex-husband told the officer that he did not wish to press charges on the damaged property, but since my name is still on the property and I am still equally responsible for the debt of it I should be able to file charges against her myself. Correct? Nobody at the police station seemed to know. Please help--name removed--Thanks


Asked on 6/11/07, 3:05 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Property Damage

If you are a property owner -- that is if you name is still on the title, not just the mortgage -- you have a right to pursue a criminal complaint. If you are merely a creditor, then your status is too remote for the prosecutor to care about filing charges. In any event, forget about it. Maybe the drunken old girlfriend is dissappointed in your ex-husband's veracity concerning ex-wives. So make your ex-husband repair the damage; then no harm, no foul -- as least so far as your proprietary interest in the real estate is concerned.

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Answered on 6/11/07, 3:14 pm


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