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Divorce Proceedings and Property Rights in Indiana

This legal question related to Divorce attorneys in Indiana has been answered.

Location: Indiana  |  Law type: Divorce attorneys

If my ex husband is taking me to court to kick me out of the house and I can not afford an attorney is there any way I can get help with fees? 

My ex husband and I filed for a uncontested divorce which was finalized in August.  I am curretnly living in the house that we bought while were married, but is in his name only, because I am looking for something to rent on my limited income.  He is telling me he is getting a lawyer to kick me out of the house.  I am on a limited income and have no means to pay for a lawyer.  I have been paying the morgage on the home since February of 22.  What are my rights and is there any place to get help??  Thank you

Legal Solution

The response provided below is specific to Divorce attorneys in the jurisdiction of Indiana. If the response is inadequate, please submit a detailed inquiry.

Divorce Proceedings and Property Rights in Indiana

When it comes to divorce, the division of assets, and property rights, several intricate details need to be considered. In your situation, it appears you've been paying the mortgage on a property that is legally in your ex-husband's name. Since you've been paying the mortgage, you might have some rights or claims to the property, especially considering the length of your marriage and how the property was treated during that time. However, without legal representation, navigating this complex terrain can be challenging.

Relevant Indiana Laws and Resources

  • Indiana Code Title 31. Family Law and Juvenile Law - It encompasses all matters related to family disputes, property rights, and other related concerns. The homepage of the Indiana Government website provides further insights and access to detailed legal codes.
  • Indiana Legal Aid - This provides support for individuals who cannot afford attorney fees.

Solutions and Options

  1. Legal Aid: Consider reaching out to Indiana's Legal Aid organizations. They offer assistance to those who cannot afford the legal fees. They might provide you with free or low-cost legal services.
  2. Mediation: Before going to court, consider mediation. It's a less adversarial process where a neutral third party helps both sides come to an agreement. More information on this can be found here.
  3. Document Everything: Ensure you have documentation for all the mortgage payments you've made since February '22. This will strengthen your position should this matter proceed to court.

Attorney Fees in Indiana

Service Average Cost
Consultation $150 - $300
Mediation $1,000 - $3,000
Full Divorce Proceedings $10,000 - $15,000
Property Dispute in Divorce $5,000 - $8,000

Note: Prices can vary based on the attorney's experience, complexity of the case, and the location in Indiana. Some lawyers may offer sliding scale fees based on your income.

Further Information

To fully grasp the depth of your situation, more details would be helpful. It's always advisable to compare lawyers in your area to find the one that best suits your needs.

Relevant Questions to Consider

  1. Were there any prenuptial or postnuptial agreements in place regarding property?
  2. Besides the mortgage, have you contributed to any other expenses or improvements to the property since the divorce was finalized?
  3. Are there other marital assets that have been or need to be divided?

Q1: Do I have any rights to the property if it's only in my ex-spouse's name?

Even if the property is in one spouse's name, the other spouse might still have rights to it, especially if it was acquired during the marriage. The court will consider multiple factors, such as contributions to the home and the duration of the marriage.

Q2: Can I be evicted from the marital home after a divorce?

If the home was awarded to your ex-spouse as part of the divorce settlement, they might have the right to ask you to leave. However, if no formal agreement or court order is in place, the situation can be more complex.

Q3: How is property typically divided in Indiana during a divorce?

Indiana follows an "equitable distribution" system. This means assets are divided fairly but not necessarily equally. Several factors, including each spouse's contribution and the needs of each party, are considered.

Q4: Can I be reimbursed for the mortgage payments I've made post-divorce?

If you've been making payments on the marital home post-divorce, you may be able to argue for reimbursement or a credit in the property division.

Q5: What if I can't afford an attorney during the divorce proceedings?

There are legal aid services available in Indiana for those who cannot afford legal representation. Alternatively, some divorce lawyers may offer payment plans or sliding scale fees based on income.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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