Sec. 13. In any case when the execution defendant is absent from Indiana, or is absent himself or herself from home, and an attachment or execution is directed against the execution defendant’s property, the spouse may:

(1) make out and verify the schedule of the absent spouse’s property, and claim and receive for the absent spouse the exemption provided in this chapter; and

Terms Used In Indiana Code 34-55-10-13

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) claim and exercise all the rights that would belong to the absent spouse if the absent spouse were present.

[Pre-1998 Recodification Citation: 34-2-28-12.]

As added by P.L.1-1998, SEC.51.