Legal Question in Family Law in Indiana

Home Equity

I own a home. I am on the mortgage, my ex-husband is on the title only. We divorced over a year ago. He moved out when he left me and I assumed all payments at that point. 90% of the beginning equity in the home came from me (from other home sale). He is claiming that he is entitled to 50% of the equity in the home and is going to sue me for it. NOTHING in our divorce degree mentions him having any claim on the house. What is he entitled to, if anything?


Asked on 3/04/07, 11:49 am

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: Home Equity

I have got to wonder what the Decree does say about the house. If it says nothing, I have to wonder why not. It can cause some problems and I suggest contacting your divorce attorney as soon as possible. If the Decree does mention that real estate and that he gets nothing, then I would say that he can try but he will not get very far with anything he tries.

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Answered on 3/04/07, 12:28 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Home Equity

Does the divorce decree state that the house is yours? If not, you will need to contact an attorney so that the court can address a division of the house. There is a presumption in Indiana that all all property of the marriage is to be divided on a 50/50 basis. This presumption can be rebutted and you need to contact an attorney as soon as possible. Hopefully, you had an attorney for the divorce and can contact that person.

Good luck

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Answered on 3/04/07, 12:51 pm


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