What rights do I have to my home if my name isn’t on the property?
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What rights do I have to my home if my name isn’t on the property?
I need help filing for a divorce. I currently have an order of protection against my husband. He is looking to
quitclaim our home to his girlfriend. How do I protect myself and our 4 kids from losing our home?
Asked on February 6, 2019 under Family Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
File your divorce action and in the action, seek a court order barring him from in any way transferring or encumbering (doing anything that results in another having some right to or lien over the property). You can seek that order on an "emergent" (think: "urgent" or "emergency") basis to get into court and get the order fast. The disposition of the house--who gets how much equity from it, when; who gets to live there, for how long; etc.--will then be decided in the divorce case, and your husband will not be able to change anything until the case is resolved. Procedually, this can be complex for a layperson: given that you have a house--a very valuable asset--at stake, you are strongly advised to retain an attorney to help you. A family law attorney can also make sure that in the divorce, you get a fair share of all money and assets, child support (assuming you get custody), and possibly spousal support (alimony).
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