Legal Question in Civil Litigation in Indiana

CoHabitation Agreement

I have a signed cohabitation agreement with my now ex-fiance. She ended the relationship and has moved from the house I just purchased and I have moved back to my hold house. I have the house for sale and am paying 100% of the expenses of which she agreed to pay 1/2 in the agreement. When should I file in small claims court to try and recover 1/2 of the expeneses? Now or after I sell the house? Can the judge order her to pay her 1/2 monthly?

Asked on 10/16/08, 12:19 pm

2 Answers from Attorneys

Samuel Hasler Samuel Hasler

Re: CoHabitation Agreement

You do have any idea of what is owed until the house is sold.

What the judge can give you depends on what the cohabitation agreement says. Without seeing the agreement, no lawyer will give you be able to say what a judge can do.

Remember that small claims has a jurisdictional limit. If I recall correctly, Marion County has a $10,000.00 limit. Anything over whatever the amount is requires filing in a real court. You should consult an attorney before venturing there.

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Answered on 10/19/08, 3:51 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: CoHabitation Agreement

Your best bet is to file after because I do not beliive that a small claims court can give you a prospective injunctive remedy- an order to make her pay future expenses.

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Answered on 10/16/08, 2:02 pm

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