Marital property

[indianared]

What is the name of your state? Indiana

My husband and I are in the process of getting a divorce. We are attempting to do this without attorneys to save money.

We own a house, the house is in his name only however my understanding of Indiana law is that this is a "marital property" state so it is still 1/2 my property, not an issue so far as we are both in agreement upon selling I will share 1/2 the profit. My biggest problem right now is that he wants to try to sell the house "by owner" since we've only been there 2 years and don't want to have to give most the equity from the sale to a realtor for commission. As time progresses it is becoming more and more miserable in the household (I have children from a previous marraige) he is also residing in the house. I'm starting to look for a house to rent in my area, I don't think with kids I can wait until the last minute to try to find something. He has always paid the mortgage, I have always paid the utilities. Will there be any legal problems if I move from the house before it sells? Will I be responsible for any bills if I'm not residing there?

 

[mcampb74]

Let me say this...I am NOT an attorney, but I went through a divorce in PA (similar type laws concerning marital assets) You might want to re-think leaving the house, especially if you are not on the mortgage or deed. Possession is 9/10 of the law. If you expect to get anything out of it you should try to stick it out. I had to also and it was difficult but it paid off in the end. Hang in there, it does get better.

 

[BelizeBreeze]

What is the name of your state? Indiana

My husband and I are in the process of getting a divorce. We are attempting to do this without attorneys to save money.

We own a house, the house is in his name only however my understanding of Indiana law is that this is a "marital property" state so it is still 1/2 my property,

NOT necessarily. Although the home was purchased during the marriage, there are situations that could result in the home remaining separate property.

not an issue so far as we are both in agreement upon selling I will share 1/2 the profit.

And this agreement is in writing and with both signatures correct?

My biggest problem right now is that he wants to try to sell the house "by owner" since we've only been there 2 years and don't want to have to give most the equity from the sale to a realtor for commission. As time progresses it is becoming more and more miserable in the household (I have children from a previous marraige) he is also residing in the house. I'm starting to look for a house to rent in my area, I don't think with kids I can wait until the last minute to try to find something. He has always paid the mortgage, I have always paid the utilities. Will there be any legal problems if I move from the house before it sells? Will I be responsible for any bills if I'm not residing there?

First you need to answer a question before any RELEVANT advice can be given.

What monies were used to purchase the home?

 

[indianared]

BB - Thanks for the response. I'm very glad you asked about the agreement in writing. No, that has not been done but most certainly will be!

As far as monies - I paid out $5000 towards the downpayment.

 

[BelizeBreeze]

BB - Thanks for the response. I'm very glad you asked about the agreement in writing. No, that has not been done but most certainly will be!

As far as monies - I paid out $5000 towards the downpayment.

Actually, what I meant by where the monies came from was were they shared monies or did he use an inheritance or gift for the purchase.

The reason I asked is because an inheritance used to purchase another asset is not converted into a marital asset necessarily.

However, since you have also paid for some of the asset, it is marital property. Get it in writing.