What can I do to keep property that was awarded to my husband in our divorce if he hasn’t claimed it?

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What can I do to keep property that was awarded to my husband in our divorce if he hasn’t claimed it?

Approximately 2 years ago my husband tricked me into not fighting for the home that was in my name. He was awarded the home but has left it in my name for 2 years. Now he wants me to sign it over to him. Is there anyway to keep this home?

Asked on July 17, 2011 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I am assuming that the home was not yours prior to marriage but it was marital property for distribution and it was just in your name for other reasons, correct?  If the Court considered the issue and you actually went to trial and they decided to award it to him in the distribution of marital assets then it is his.  The documentation should have been taken care of after the trial and as part of the divorce: you signing a deed over to him.  Just because it was not does not mean that the house is n longer his.  He can take you to court to enforce the order.  But who has been living and maintaining the house since then?  If you have then ask for the money you have expended.  Good luck.


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