Partner and I are splitting/both names on deed and mortgage. Unmarried/I have a minor child (12) full time at house. He has a minor child (17) on holidays. I put down half of the cost as downpayment/he put down a fourth. We have mortgage on remainder. We both would like to buy house-who can we contact to settle.
Review and Analysis: Property Division during Separation in Indiana
The situation presented involves a couple who is parting ways, each with minor children, and owning a house together in Indiana. This property was acquired with different proportions of downpayment by both parties, and they currently share a mortgage. Both are interested in retaining the house, raising questions about property division, child custody, and possibly the legal process for resolving such issues.
Relevant laws and regulations may include Indiana's property division statutes, child custody laws, and the legal process for unmarried couples separating. Key pieces of legislation are found in the Indiana Code (IC), such as:
- IC 31-15-7: Division of property
- IC 31-17-2: Custody and Visitation Rights
- IC 32-17-3: Joint Tenancy
Possible Solutions and Relevant Resources
Considering the complexity of the situation, you should consult with an attorney who specializes in property law and family law, especially one experienced with situations where unmarried couples separate. They could assist in navigating the Indiana property division and child custody laws, and possibly negotiate an agreement or represent you in court if necessary.
If the matter cannot be resolved amicably and requires adjudication, a family law judge in your location would use equitable distribution laws to determine a fair division of property, factoring in the parties' contributions, the type of law that applies, and the best interests of the children. To compare lawyers in your area, find the right lawyer, or to ask a free legal question, you can utilize these resources.
Estimated Legal Costs in Indiana
| Services | Average Cost |
|---|---|
| Initial Consultation | $150 - $500 |
| Hourly Rates for Family Law Attorneys | $200 - $500 |
| Property Appraisal | $300 - $600 |
| Child Custody Case | $3,000 - $5,000 |
| Total (Estimated) | $3,650 - $6,600 |
Note: These are rough estimates and the actual costs may vary depending on the complexity of your case, the attorney's experience, and your location in Indiana.
Further Clarifications
For further assistance, could you please provide more details about your situation? Are there any agreements in place regarding the house or the children? This information could help in providing more tailored advice.
Relevant Questions to Consider
- Have you and your partner tried to negotiate a division of the property?
- Is there any written agreement regarding the property or child custody arrangements?
- Are you open to selling the house and dividing the proceeds?
Please consider these questions as they could significantly impact the possible outcomes of your situation.
Disclaimer
Please note that this message is intended for informational purposes only and does not establish an attorney-client relationship. Legal issues can be complex and it is recommended to seek advice from a licensed attorney in your area who can review the facts of your case and provide personalized legal advice.
Alternative Legal Solutions for Property Division during Separation
The situation remains intricate, necessitating careful negotiation and possibly legal intervention. However, alternative resolutions do exist. They may not only be less adversarial but also more cost-effective.
Mediation
Mediation is an option that allows for open communication facilitated by a neutral third-party mediator. The mediator does not make decisions but helps parties arrive at a mutual agreement. Mediation may cover the property division and child custody matters. This method can be more efficient, less costly, and emotionally easier for everyone involved, particularly the children.
Co-ownership
Co-ownership of the property is another option. This solution would involve both parties remaining on the deed and mortgage, sharing responsibility for payments and upkeep. This can be a beneficial arrangement, especially if the primary concern is ensuring stability for the children. However, co-ownership requires a strong degree of cooperation and mutual respect between parties.
Buyout
Another possibility is one party buying out the other party's share. If one of you is capable of refinancing the mortgage in your own name, you can buy the other's share based on an agreed-upon or professionally appraised value of the house. The party who keeps the home could trade their interest in other jointly owned assets or make a cash payment.
Remember, all these alternatives should be discussed with a family lawyer experienced in property and custody issues for best possible outcomes.
Collaborative Divorce
Collaborative divorce, although typically used by married couples, could be an approach considered by unmarried couples too. In this process, both parties and their attorneys commit to resolving all issues without litigation. It promotes mutual respect, shared decision-making, and future-focused solutions.
Legal Document Preparation Services
In case both parties manage to come to an agreement independently, a legal document preparation service might suffice to get all necessary legal paperwork correctly completed. It's a cost-effective solution, but be aware that these services do not offer legal advice.
While these solutions offer alternatives to traditional litigation, they may not be suitable for every case. Always consult with a professional attorney for guidance specific to your situation.
Disclaimer
Please remember that this information is purely informative and does not form an attorney-client relationship. For advice tailored to your circumstances, always consult with a licensed attorney in your area.
