Can my wife legally evict me from our home if she owns it?

Full question:

My wife owns the home. She has ordered me off the premises immediately. I pay all the taxes, utilities , gas groceries and insurance. Can she legally do this to me?

  • Category: Divorce
  • Date:
  • State: Indiana

Answer:

In Indiana, marital property is divided equitably during separation or divorce. The court generally assumes that an equal division of marital property is fair, but this can be challenged with evidence. Factors considered include:

  • The contributions of each spouse to acquiring the property.
  • Whether the property was acquired before the marriage or through inheritance or gifts.
  • The economic circumstances of each spouse at the time of property division.
  • The conduct of the spouses regarding property.
  • The earning potential of each spouse.

If the court finds little or no marital property, it may grant a monetary judgment for contributions made toward the other spouse's education. The court also considers tax implications when dividing property.

Until a court decides on possession or ownership of the home, it may still be regarded as the marital home, granting both spouses access. If your wife denies you access, it may be wise to consult a local attorney experienced in domestic disputes to discuss your options and whether court action is necessary.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

During separation, both spouses are generally responsible for their own expenses, including bills. However, if one spouse is living in the marital home, they may be expected to contribute to household expenses. It's advisable to discuss financial responsibilities and possibly create a written agreement to avoid disputes.