Protecting Marital Property Rights

Summary

In Indiana, property acquired during marriage is generally considered marital property. If your mother contributed $46,000 to reinstate the mortgage, document it as a loan. Your wife cannot sell the house without your consent if your name is on the title. Both spouses are responsible for joint debts, including the mortgage. You can seek reimbursement through a court order. To prevent unauthorized sale, file a court order or Notice of Lis Pendens. Consult an attorney for detailed steps on protecting your ownership rights and handling joint mortgage payments.

Full Conversation

I'm legally separated and our home was in foreclosure she moved out last November and left me with the mortgage to pay alone. My mom put up $* to reinstate the loan and get out of foreclosure. Can my wife sell the house and not pay my mom?
Hi ****, thank you for sharing your situation. To provide accurate information, could you please let me know your location (state or country)? This will help in understanding the relevant property and marital laws.
Indiana
Hi ****, here are some points relevant to your situation in Indiana:
- In Indiana, property acquired during the marriage is generally considered marital property, subject to division upon divorce.
- If your mother contributed funds to reinstate the mortgage, this could be considered a loan or gift, depending on the documentation and intent.
- Your wife cannot unilaterally sell the house without your consent if your name is on the title.
Would you like information on how to protect your mother's contribution or about the process of finalizing the property division?
Yes
Hi ****, here are some steps to protect your mother's contribution and information on finalizing property division:
- **Document the Contribution:** Ensure there's written proof that your mother provided the $*,* as a loan.
- **File for Property Division:** Petition the court to consider this contribution during the property division process.
- **Consult with an Attorney:** They can help draft agreements or represent you in court.
Would you like details on specific legal forms or how to find a local attorney?
Yes

Indiana State Bar Association


Phone: (*) *-*
Address: * E Ohio St, Indianapolis, IN *
Website: www.inbar.org

Would you like information on specific legal forms for property division, or assistance in locating an attorney?
Does my estranged wife have to pay half the mortgage still?
Hi ****, in Indiana, both parties are typically responsible for debts incurred during the marriage, including the mortgage. Here are some key points:
- **Joint Responsibility:** Both spouses are usually responsible for joint debts, including mortgages.
- **Court Orders:** A court can order one spouse to pay part or all of the mortgage based on income, contribution, and other factors.
Would you like information on how to initiate this process in court?
I pay child support and the mortgage was reinstated. The payment is due. If I pay it will she need to reimburse me?
Hi ****, here are some points regarding your situation in Indiana:
- **Joint Debts:** Both spouses are generally responsible for debts incurred during the marriage, such as the mortgage.
- **Reimbursement:** If you pay the mortgage, you may seek reimbursement through a court order, considering both parties' responsibilities and contributions.
Would you like information on how to file for reimbursement in court?
What if she sells it for cash behind my back?
Hi ****, here are some key points about your concern in Indiana:
- **Joint Ownership:** If your name is on the title, she cannot sell the property without your consent.
- **Court Intervention:** You may file a court order to prevent any unauthorized sale.
- **Notice of Lis Pendens:** This can be filed to notify potential buyers of ongoing litigation regarding the property.
Would you like more details on filing a court order or a Notice of Lis Pendens?
Yes
Hi ****, here are some steps you can take to prevent an unauthorized sale of your property:
- **File for a Court Order:** Seek an injunction to prevent any sale without your consent.
- **Notice of Lis Pendens:** File this notice to inform potential buyers of ongoing litigation related to the property.
Would you like detailed steps on how to file a Notice of Lis Pendens or other court orders?
What if my name is on the title but in a joint mortgage
Hi ****, here are some important points regarding your situation in Indiana:
- **Joint Mortgage:** Both spouses are responsible for the mortgage, regardless of whose name is on the title.
- **Title Ownership:** If your name is on the title, you have an ownership interest in the property.
Would you like detailed steps on how to handle joint mortgage payments or protect your ownership rights?