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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35304
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have been married for 5 years and living in a home with spouse

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I have been married for 5 years and living in a home with spouse for three. We bought the house together with the deed and mortgage in her name. Now comes a split and she demands I leave and threatens I will not have a claim to proceeds from sale of house. I have always shared in the expenses equally until she lost her job a=over a year ago. Since then I have covered all the expenses. Further, I remodeled the house prior to moving in and incurred all the expense and all the labor. What is my standing RE the proceeds from the sale of the house, and does the fact that: if I am not living there I do not think I should consider paying the expenses, have an impact on my position?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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So did you purchase the home while you were married?
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But she is the only one on the deed and mortgage?
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Where did the down payment come from?
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How about the payments over the years? Did you both contribute to them?
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Maintenance? Taxes? Insurance?....did you both contribute to those?
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Thanks
Barrister
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Customer: replied 3 years ago.

Yes we bought the house while married.


Yes she is the only one on the deed and mortgage.


The down payment was from her mother...an early inheritance.


We shared all expenses for two years but I have paid all expe.nses for the past year.


 


I put in (at my expense) a second bathroom, new laundry room, expanded the kitchen and pantry, all appliances, and 15' of built in cabinets and bookcases. (I am a builder/cabinet maker by profession.)

Thank you for the additional information. I would definitely say that the house would be considered marital property despite the fact that it is in her name solely. When assets are acquired during a marriage, they are marital assets unless they are gifts or inheritances. While she might be able to get the downpayment back as her separate money from the inheritance, I would opine that if the house is sold, a judge would give you some credit for your improvements and then divide the remaining equity equally between you both.
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Indiana is considered an "equitable distribution" state meaning that a judge will divide assets according to what he deems is fair considering the parties contributions to the asset. So if your improvements have contributed to a marked increase in the value of the home (and I would opine they would) then equity would demand that you should receive the benefit of your labors in any division. Considering your efforts, a judge could even rule that your contributions would equal her downpayment and simply order an equal division of any proceeds once the mortgage was paid off.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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