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: Sam Hasler's Indiana Divorce & Family Law Blog

Divorce and the Home

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So what to do with the marital residence now that you are getting divorced?

Indiana law does not say exactly what might happen. It is possible for both sides to come to an agreement. No agreement means that the judge decides and the law clearly gives to the judge a whole lot of discretion. The odds favor both parties not liking whatever the judge does with the marital residence.

I see that The Ohio Family Law Blog has a rather long post on the subject, I Want to Keep the House, But Should I?. I really cannot quibble with anything in the article about any great differences with Indiana law but the law is of secondary importance here. Of greater importance is the reality of the real estate market. Indiana courts will do as much as they can to calibrate the law to the economic realities but the courts still must act at some point. Better that you and your spouse recognize this reality about real estate and work together to maximize your asset.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on April 29, 2008 (boomark / email).

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