QUESTION
Is my wife entitled to any of my 401k, savings, cars, or house (everything is in my name only)?
Asked on Aug 19th, 2012 on Divorce - Indiana
More details to this question:
I've been married for 3 months, I don't know why I did something so stupid because I had every reason not to marry her. Now I want a divorce, we are just way different. Before I got married I had two new cars, one I paid in cash, the other is still being financed, and a house. My wife doesn't work, we have no kids, she's never paid any of the bills. Is she entitled to any of my 401k, savings, cars, or house (everything is in my name only)? The only thing help I can say I've had was prior to the wedding her mom gave us a "wedding gift check" that was used to pay for our reception. What's the easiest way to get this over with, I want her out of the house.
1 ANSWER
You need to file as soon as possible. The 3 month will play in your favor. Unfortunetly, when you get divorced in Indiana all property goes into the marital pot. If she will sign off of the things you owned before marriage you can do it that way, but it sounds like she is not going to do that.
By moving her into the house you comingled it and made it marital property. However, it can be argued that she should not gain from a 3 month marriage. The best thing you have on your side for this argument is time, so act fast. I suggest you call a local attorney today.
Answered on Aug 24th, 2012 at 9:58 PM