Right to the house pre-divorce

[splatter2]

What is the name of your state (only U.S. law)? Indiana

Hello, I'm caught in the middle of two family members who are just beginning the divorce process. There are no children or abuse in this case, just irreconcilable differences.

The female changed the alarm code and changed the locks on the house.

The male OWNS the house, purchased and titled in his name before the marriage. Later on, the did refinance jointly.

The male was only allowed to get enough personal belongings to get by.

----

What steps can the male take to protect his property?

How can the male get back into HIS house and eject the female?

Can the male take action against the female for changing the alarm code and locks without his permission?


If possible, please cite your reply with the supporting Indiana Code or law.

Thank you, please hurry!

 

[justalayman]

They need to get this before a judge where the court will give a temp order regarding the house.

If the house was refinanced with her on the loan and marital assets were used to make payments, it is both of their home, at least some part of it.

As well with it being the marital she did not have the authority to kick him out nor actually keep him out of the house and he cannot kick her out either

 

[OHRoadwarrior]

There is no law about breaking into your own house. He is free to live there also, until a court rules otherwise.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Indiana

Hello, I'm caught in the middle of two family members who are just beginning the divorce process. There are no children or abuse in this case, just irreconcilable differences.

The female changed the alarm code and changed the locks on the house.

The male OWNS the house, purchased and titled in his name before the marriage. Later on, the did refinance jointly.

The male was only allowed to get enough personal belongings to get by.

----

What steps can the male take to protect his property?

How can the male get back into HIS house and eject the female?

Can the male take action against the female for changing the alarm code and locks without his permission?


If possible, please cite your reply with the supporting Indiana Code or law.

Thank you, please hurry!

Guess what? It's NOT your problem. Do your family members approve of you broadcasting their personal legal problems on the Interwebs?

 

[single317dad]

Here's the rub: legal or not, as soon as the husband forces entry into his own home, all the wife has to do is call 911 and say she's afraid of him, and most police will very sternly recommend he leave at once with a small amount of his belongings, and that she go to court right away for an ex parte protective order, which she will most likely be granted. Indiana is notoriously liberal with the ex parte TRO, and the court would certainly grant her possession of the premises in that document. Husband should file for divorce and ask for exclusive possession of the marital property for the duration of the proceedings in the Initial Order if he wants some enforceable method to get back into his home.

By the way, who are you and how are you "caught between" these parties?

ETA: You stated they have "just begun" the divorce process. Has the wife already filed paperwork? Any chance she's already got an initial order for possession of the home?

 

[sandyclaus]

How much do you want to bet that OP is either the new love interest of the husband, or a meddling family member who abhors the wife...?

 

[OHRoadwarrior]

Nothing to stop him from doing it when she is not home. Obviously the middle of the night is not the time to do it. He should clear it through the alarm company and advise the police first though.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

Hello, I'm caught in the middle of two family members who are just beginning the divorce process. There are no children or abuse in this case, just irreconcilable differences.

The female changed the alarm code and changed the locks on the house.

The male OWNS the house, purchased and titled in his name before the marriage. Later on, the did refinance jointly.

The male was only allowed to get enough personal belongings to get by.

----

What steps can the male take to protect his property?

How can the male get back into HIS house and eject the female?

Can the male take action against the female for changing the alarm code and locks without his permission?


If possible, please cite your reply with the supporting Indiana Code or law.

Thank you, please hurry!

Re the bolded...in Indiana, if they refinanced jointly, that virtually guarantees that she was added to the deed. So, besides being the marital home, legally its probably equally her property. Therefore if either of them end up keeping the home, its going to have to be refinanced again to remove the other one from the mortgage and deed, and for enough to buy out the other's half of the equity, or its going to have to be sold and the proceeds split.