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I am currently getting a divorce and my wife said that I can…

Customer Question
I am currently getting...

I am currently getting a divorce and my wife said that I can not conduct an auction for some land I own. It is currently up for sale.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Yes she filed for divorce and is the relator for the land

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/11/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,654
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

During a divorce the court obtains jurisdiction over the property so that if one party wishes to sell and the other party does not, the party wishing to sell would be required to petition the court for an order to sell. It is also possible for one party to petition the court for the exclusive use and control of the property.
The court will divide marital property according to the terms of equitable distribution- a fair and just division, which may be equal depending on what the court determines to be fair.

The court may consider the following factors:

  • Each spouse's contribution to the acquisition of property, whether those contributions produced income or not
  • The economic circumstances of each party
  • The income, or ability to earn income, of each party
  • Whether either spouse wasted marital assets
  • Whether it is desirable to award the marital home to the spouse who has primary custody of the couple's children, if any
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Lawyer: legalgems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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