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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Im a disabled veteran going through a divorce with children

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Im a disabled veteran going through a divorce with children and a house that Im living in purchased under a va loan. My Ptsd is being used against me and the only income I have is my disability. She is going after my pension which we were only married for 15 years when I got out of the service due to medical issues. She had her own business the entire time we were married and is trying to financially ruin me. I know they can take child support out of my disability but can they force me out of my home? She has purchased her own home and is living there now. The house has been assessed at a lower rate than what I owe on it. She is on the deed but not the mortgage. Can they force me to sell the house leaving me homeless in order to pay her anything? IM terrified. My current lawyer is stalling to wrap this up and I dont know what to do to protect myself. They have frozen my assets and Im unable to live without borrowing money from others to pay the lawyer and live day to day while she is free to do what she wants..is there anything I can do?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern and situation. WHo are you referring to when you ask if "they" can force you out of your home? Are you talking about the Judge or her attorney? Also, was the home purchased during the course of the marriage? When dividing your marital assets/debts, what is it that she is seeking? If you could please clarify these things, I would be happy to answer your question.

Customer: replied 4 years ago.


They = her lawyer and/or the judge


The home was purchased during the marriage . She moved out and purchased her own home. the home was purchased with my va loan and and has been maintained by my disability check. She has put nothing towards any of it. She basically was hiding her business money in a separate account and did not contribute while I paid for everything. She is out to financially ruin me. Before she left the house she took whatever she wanted and now is seeking half of whatever is currently at the house as well as the house.

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:
    1. Before the marriage.
    2. 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:
    1. A final division of property.
    2. 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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Customer: replied 4 years ago.


Thank you for the information. If I am unable to get my assets unfrozen to sustain me during this divorce is it legal for me to take a lien against my personal property (ex. guns, equipment etc) in order to get money to sustain myself? I cant even afford gas in my vehicle or groceries.As it is now a friend is paying for me to ask you these questions.

When you say lien, I am assuming you are referring to a loan and putting them up as collateral. As such, if these are your personal items and nothing which you think would be considered a marital asset or something which she has a claim to, you could try and then repay it once this is finalized, to get them back. There should be a legal basis for which your assets are frozen and hers are not, so your attorney should really explain to you what is going on.
Customer: replied 4 years ago.


Yes, I am referring to taking a personal loan from a friend using my items as collateral. My lawyer is fully aware of my situation and does nothing. For instance I had to produce my financials right away. My wife was suppose to do the same...she has been allowed to stall and not produce any information in which to mediate upon and this all began in April of this year. The judge ordered that my wife could not move the children from their current school location ...she ignored that and moved them anyhow..nothing was done to her. When she left the house I allowed her to take what she wanted so that there would be an amicable split in the final divorce.Wishful thinking I guess. Now she wants the house , half my pension , child support (which I have no issue with that) and half of my personal items at the house that was already split. I have complained to my lawyer and she is doing nothing. I do not owe her any money and have borrowed to pay her when she does ask for more money. I do not know what to do to make my lawyer do anything that I feel she is suppose to be doing. And to top it all off my wife was embezzeling money from my account and continues to do so with the lawyers knowledge while I sit here and go penniless. Im a veteran doesnt that mean anything to anyone?

I understand how frustrating this could be. If she failed to produce necessary financial when ordered by the court, a motion to compel could have been filed and the Judge could have imposed a deadline. Moreover, if she disobeyed an order from the court and moved the children, she could be held in contempt of court. In both cases, your attorney would need to bring the matter before the Judge and make them aware, so action could be taken.
Customer: replied 4 years ago.


Yes I have attempted to get the lawyer to do that but she has done nothing and only tells me that that action would be used only as a last resort...well meanwhile Im sitting here terrified and penniless while she lives her life and spends money like water. Thank you for your response.

Your welcome and good luck. Please let me know if there is anything else John.

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