Husband Moves Out Sells House, Tells Wife and Kids They Have 2 1/2 Weeks to Get Out

[Ncruz]

My question involves an eviction in the state of: Indiana

Husband & father in laws name on title, husband, wife & kids have lived there for 8 yrs.
Mother has been stay at home mom for 2+ years. Giving her no money from sale, gave her & kids 2 1/2 weeks to pack and find suitable place to live or husband and in laws said they are tkaing the kids away from mother. She has recieved NO written eviction notice of any kind. House was totally payed for but it is in a moble home park where rent is due.

Can this happen in Indiana?

[aardvarc]

It can unless mom gets down to the courthouse or a local attorney ASAP. She needs to file for divorce, request spousal support, request child support, request use of the residence, and request custody of the children. Rental fees for the lot will still be payable. Without that order from the court, her position becomes one of trying to fight back AFTER the damage of forceable eviction or taking of the children, whom dad has 100% equal rights to, is already done. The difficult part is that if father-in-law is ALSO on the title, even the divorce action can't stop HIM from filing to evict the family (is there a current written lease or agreement regarding the property?). Mom is in a VERY weak legal position regarding the home and she's going to need the assistance of an attorney if she's to have hope of remaining in the house more than the few weeks that eviction might take. Even then, if the husband/wife aren't the only ones who own the property, eviction may STILL be unavoidable.

Mom also needs to know that dad cannot be prevented from taking his children with him without a court order to the contrary, BUT, mom has every right to file for custody or visitation if that happens. Father-in-law is a legal stranger to the kids, and doesn't have any legal standing regarding the children. Father might take custody of the children, if mom doesn't act quickly, but only a COURT can order children to be "taken away", in a more permanent sense.