Legal Question in Real Estate Law in Indiana

Son's divorce

My son has been divorced for 5 yrs. He gave the ex the option to keep the house or let him keep it. She didn't want it, so he stayed there. He's since remarried. The ex's name is still on the house loan. For the past couple of years, he has asked her to sign off on the loan but she won't do it without money (she wants $5000.00). Since he's been paying on the house loan for the 5 yrs. (taxes & property tax), does he owe her anything since she didn't want the house? Seems to me that a judge would tell her she owes him for half of the loan payments he's been paying & all other expenses he's put into the house. What would the law say on this? My son would like the loan in his & his new wife's name so they can refinance & build on. I would greatly appreciate it if you could answer my question. Thank-you!


Asked on 4/11/07, 7:28 pm

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

Re: Son's divorce

This house should have been disposed of in the divorce case. It's possible your son hasn't shared all the divorce information with you. Usually, the spouse is entitled to half of the value of the home at the time of the divorce. Tell your son to contact his divorce lawyer to help clear this up.

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Answered on 4/11/07, 8:09 pm


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