Thank you for that additional information. Since the home was purchased during the course of the marriage, it would be considered a marital asset. The same thing goes for any other assets or money acquired during the marriage as well as any debt. As such, you both would have a legal right/interest to half. Indiana is an equitable distribution state. What that means is that the court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
- The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
- The extent to which the property was acquired by each spouse:
- Before the marriage.
- Through inheritance or gift.
- The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
- The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
- The earnings or earning ability of the parties as related to:
- A final division of property.
- A final determination of the property rights of the parties.
Money which she had made from her business and was/is hiding, is certainly something which you may be entitled to. As such, you need to make the Judge aware of this, when distributing the assets. Prior to finalizing the divorce, the Judge should have sent you and her to mediation, to hopefully try and resolve all these issue. If nothing could be solved, the Judge would step in at that point. Seeing how she bought another home and has a place to live, it is unlikely that the Judge would award her the home and force you out. If anything, you may be required to assume the loan and payments, keeping the home and giving her other assets, which could equal her entitled share. It is unlikely that the Judge will force a sale of the home since there is no equity in it and for her to want an interest in it and be responsible for it, would seem odd, since she has a home. If anything, since she is not on the loan, you may suggest assuming it and having her transfer her interest in the house to you via a quit claim deed, so it is yours. If she did not want to do this, you have a legal right to ask that she contribute to the payments for it, if she is going to maintain her legal interest in it. If your assets are frozen ,your attorney needs to address this issue with the Judge and ask that a portion be released, for basic living expenses and the cost of this litigation. The attorney should explain why this has happened and act in your best interest. The attorney can also try and speak with her attorney, to resolve this and propose the issue with the home, if that is your main concern.
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