My husband and I got married a year after he had bought our house that we are living in now. We got married in April of last year and had been having some problems with an ex-girlfriend of his. I have suspected him of cheating on me so I want to know if I would have to move out of the house that he owns since my name is not on the deed to the house if we were to get a divorce. We live in the state of Indiana and have not been married a year yet.
2006-12-06 07:45:06 · 32 answers · asked by Ardessa S 2 in Family & Relationships ➔ Marriage & Divorce
You suspect him of cheating but haven't proved it yet. First prove it, beyond a shadow of a doubt. If that means pulling phone records and credit card bills, then do so. Or have a friend tail him and take pictures. If you can prove adultery beyond a shadow of a doubt, it makes your road that much easier, especially if you want an annulment. Otherwise, your divorce will have to be filed as irreconcible differences. As a side note, you are required Indiana most likely requires you to be legally divorced before you try and file for an annullment.
However, because of the length of time you've been married (or rather not been married) and you don't mention children, the reality is you're not really entitled to much. Alimony won't be an option for you, though "maintenance" may be, as alimony is typically only awarded if you've been married 15 or more years. At best you'll receive 50% of all assets acquired after the marriage. At worse, you'll get stuck with 50% of everything, including any debt he incurred before the marriage. Truthfully, you're better off trying to arrange a settlement without lawyers as the more you try and get out of your (ex) husband, the more money the lawyer is going to charge you, unless you include the cost of your lawyer fees as part of the settlement he has to pay.
As I was in your shoes (my marriage lasted all of 16 months before my ex realized the 11th person he cheated on me with was the one he really wanted to be with), my suggestion is to walk away with whatever you can without taking him for everything he's worth. You'll be able to walk down the street with your head held high and not have to worry about what people are saying about you once you've passed. And pride and self-worth are for more important than possessions.
2006-12-06 08:22:03 · answer #1 · answered by Monique M 2 · 0⤊ 0⤋
Most property that is acquired during marriage is considered marital property. For example, wages earned by the husband and wife during marriage generally are considered marital property. If one or both spouses buy a house during the marriage, that usually will be marital property, particularly if the house or business is purchased with the husband's and wife's earnings.
Separate property is property that each spouse owned before the marriage. Exception is if one spouse put a great deal of work into the other spouse's separate property, that could convert the separate property into marital property, or it could give the spouse who contributed the work a right to some form of payback.
Since Indiana is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.
2006-12-06 07:58:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, I don't know Indiana law. You'd have to ask a lawyer in your state. But, generally, if you don't leave him....you stay put...in most states he'd have to pay you extra to keep his house since it's considered marital property. However, since you have been married such a short time, I'm not sure if you are still entitled. If you leave him, for any reason other than physical abuse, you don't get as much because it is you who are breaking the vows. Unless you have proof that he's cheating, you should not accuse him. I'd go to marriage counseling and hash it all out, if I were you, before I considered divorce. You need to trust each other.
2006-12-06 07:51:26 · answer #3 · answered by Wiser1 6 · 0⤊ 0⤋
Most states are a little different. A divorce attorney could answer this better.
First off, most states allow you to have half of all the things you both jointly attained (that which was gotten during the marriage), this would include half the portion of the house paid for during the marriage. Likely not much if it's been less than a year.
2006-12-06 07:49:27 · answer #4 · answered by Radagast97 6 · 0⤊ 0⤋
I do not know Indiana state law but most people keep the property they entered the marriage with. He bought the house before you were married and your name is not on the paperwork anywhere so I would say you have to move out or if you talk to him about it he may agree to put your name on the house and he move out but then you have a house payment to make.
2006-12-06 07:48:48 · answer #5 · answered by freakyallweeky 5 · 1⤊ 0⤋
You are entitled to peace of mind and self-love. I suggest you get an annulment and cut and run. Just be happy that you didn't find out 5-10 years down the road with 2/3 kids in tow. Also BE careful, if he is cheating you could get a std. Consult a lawyer---some law offices have free consultations. If you have kids that will chage a lot of things in your favor. Please remember that once a cheater always a cheater.
2006-12-06 08:07:48 · answer #6 · answered by Yuli P 1 · 0⤊ 0⤋
Not being on the deed, I doubt half the house is yours, however if you're paying towards it, youll get some money out of it. Im a believer in that if I was getting a divorce, I could care less about what im getting out of it, i'd just want out of the relationship.
2006-12-06 07:58:10 · answer #7 · answered by godzillasagoodman 2 · 0⤊ 0⤋
If you have been married for less than a year than you should leave with what you brought with you and half of what you obtained togther. If your an honest person that is the way you should do it. Now in your state you might be able to get the house.
2006-12-06 07:54:28 · answer #8 · answered by Mike E 4 · 0⤊ 0⤋
Many states vary, contact an attorney. I know here in TX you can be living with someone for at least 6 months and you will be considered, "Commonlaw married", and are entitled to 50% of all assets. But you will have to show documentation. I still think a good attorney, can get you at least 50%, and if not, very close to it, but you are entitled to many things. Good Luck.
2006-12-06 07:50:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I'm with most of them here on you should consult a lawyer, he/she will be able to tell you what your entitled to in your state. In the state of WV a woman is entitled to 1/2 of the marital assets if the marriage was longer than 10 years. Anything he had prior to the marriage was his exclusively.
2006-12-06 08:05:31 · answer #10 · answered by sassywv 4 · 0⤊ 0⤋