How long do I have to pay for the marital residence after the divorce is final if I’m not living there?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips in your situation.
This is a very difficult question to answer because the answer depends entirely upon what was agreed to at the time of your divorce or what was ordered by the court.
There could be any number of reasons why you are paying for a residence that you do not live in. For example, maybe you are paying on the residence because you agreed to pay for the house while your ex-wife resides there in lieu of paying alimony. If that’s the case, then there should have been some end date designated for how long you would be required to provide that assistance to your ex-wife.
You should start by reviewing any documents from your divorce that state the terms of your agreement or any court orders that state what the judge may have ordered with respect to the marital residence.
If there is an order stating that you must continue to pay for the marital residence, but it doesn’t give a termination date when you can stop paying, then you may want to submit a motion to the court asking for a determination as to when you can stop paying for the residence.
Most likely, there is no steadfast rule in Indiana that spells out how long you would have to pay for the residence because it is entirely case specific as to why you would still be paying on the house.
If there is nothing in your divorce decree and no court order that specifies a time frame, then the answer to your question may need to be answered by a judge.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.