In case the wife is a working professional and the house in which they stay belong to her mother, will the husband have any right to that house? As for the children, do they by default go to the wife?
2006-10-30 08:20:50 · 10 answers · asked by NJ 1 in Family & Relationships ➔ Marriage & Divorce
A small addition - What if the property and/or money is gifted to the wife solely by her parents on her name during the course of marriage. Can that be contested?
BTW, I am not the husband, but a relative of the wife. Appreciate all the answers in this regard.
2006-10-30 08:46:25 · update #1
No you have no right to a house that belongs to your wife's mother and NO you can ask for custody of the children. This is in the USA.
2006-10-30 08:23:38 · answer #1 · answered by wish I were 6 · 0⤊ 0⤋
If the house actually belongs to the wife's mother still, no one has any 'right' to that house but the actual owner. It's not the wife's property, it's her mother's.
If the children have assets, those are not up any division of marital assets. They belong to the children, so the father has no claim on them.
The children do not 'automatically' go with the mother, however, especially for younger children, it is more common. What is in the best interests of the children will guide the decision.
Regardless of the wife's income, the father will likely be ordered to pay a portion of his income as child support if the wife is granted primary physical custody. Child support depends on who the kids live with most of the time.
The father may petition for primary physical custody or joint custody, but will have to establish why it would be in the kids' best interests.
2006-10-30 08:29:12 · answer #2 · answered by wynterwood 3 · 0⤊ 0⤋
Property acquired by either spouse during the course of a marriage is considered marital property. The house not even belongs to her so husband have no claim unless they made substantial improvement which increase value of the house then he should share the value of the improvements. All marital property will be divided.
The custody of the children will be decided by the judge.
The issue of which parent the child will reside with is determined in accordance with the best interests of the child standard which include.
The ascertainable wishes and feelings of each child.
Child physical, emotional and/or educational needs now and in the future;
The likely effect on him or her of any change in the circumstances now and in the future;
His or her age, sex, background and any other characteristics which the court considers relevant;
Any harm which he or she has suffered or is at risk of suffering now and in the future;
How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his or her needs;
2006-10-30 08:38:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Depends on the state really, some do community property differently.
My state would be:
Personal gifts are the wifes separate property.
Inheritance is often the same way unless the inheritance can be proven to be willfully invested in the marriage by the heir.
If she is on the deed and it was not originally a gift then her percentage as stated on the deed is community property.
2006-10-30 08:30:19 · answer #4 · answered by Carp 5 · 0⤊ 0⤋
I agree, men could in basic terms purchase their different halves mothers day presents whilst their infants are to youthful to purchase or save for them. After age ten i do no longer think of a husband could purchase a spouse a mothers day present. i'm no longer my husbands mom so which you're precise why could he. on the different hand a mothers day present is extremely like a thank you for each and all the complicated paintings you do as a mom and because you gave a guy infants he could thank you for the complicated paintings in basic terms besides with the aid of fact the youngsters could. i think of it would be a relatives decision between the husband and spouse. If the husband does not get the spouse a mothers day present then the spouse does not get the husband a fathers day present and additionally you in basic terms saved a minimum of $a hundred.00 lol
2016-10-03 02:50:35 · answer #5 · answered by ? 4 · 0⤊ 0⤋
You have no claim on the house as you were effectively living in a rent free arrangement. As for the custody of the children it is no longer the case that the mother automatically gets custody its done a case by case basis for the best interest of the children
2006-10-30 08:27:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If the house has been deeded to the couple, it is community property. NO the children do not automatically go to the mother anymore. Get a lawyer!
2006-10-30 08:24:02 · answer #7 · answered by Bev 5 · 0⤊ 0⤋
This one is for lawyer.
See a lawyer in this speciality.
In India.
Indians are governed by two laws general civilian or by communal law, a lawyer well versed in this can decide which law is more beneficial to you.
He must explain if you ask, so you will be aware of it, which law he is using.
2006-10-30 10:20:08 · answer #8 · answered by minootoo 7 · 0⤊ 0⤋
THE JUDGE WILL ASK THE CHILDREN TO CHOOSE .........
AND THE PROPERTY IT WILL BE PROBABLY DIVIDED...............
if you want your children with you , fight for them
you have a right to keep them that's more important than property don't you think.?
2006-10-30 15:46:17 · answer #9 · answered by powerof love 1 · 0⤊ 0⤋
no rights at all.
2006-10-30 08:28:41 · answer #10 · answered by ? 7 · 0⤊ 0⤋