My mother owns a house - titled in her name only - since before she remarried.
She never had her new husband added to the house title. 22 years later, divorce is on the horizon and she wants to make sure she doesn't lose her house to him, or be made to sell it and split the proceeds with her husband.
Any thoughts on this?
2007-01-09 04:51:13 · 12 answers · asked by Agent99 5 in Family & Relationships ➔ Marriage & Divorce
Well you have to remember different States vary in Laws....So the best answer is consult a attorney.
However in Indiana I owned 2 cars and a house before marriage.....when she filed for divorce I had 2 attorneys and lost half of everything to her....yes even what I had before the divorce.
So consult a Attorney....don't listen to the wanna be lawyer answers on here.
Good Luck
2007-01-09 04:59:19 · answer #1 · answered by Anonymous · 2⤊ 0⤋
First of all, I am not an attorney, but I have worked in Arizona as a legal assistant for a famil law attorney for the past ten years. Here, if she owned the house prior to her marriage it may be considered her sole and separate property. However, if her husband has any claim it would be for repairs and improvements made during the term of the marriage. Since his name is not on the deed or loan, he may not have any right to the proceeds from the house at all.
Remember, states vary in their family laws and she should check with an attorney to make certain that the community property laws either apply or do not in the state where she lives. Some attorneys will offer a free or reduced rate consultation. Contact your local bar association for referrals.
I am sorry they are divorcing. There are far too many divorces these days.
2007-01-09 05:01:03 · answer #2 · answered by Starla_C 7 · 1⤊ 0⤋
Your mother has nothing to do with this because as long as you are taking care of your son, she cannot take you to court for anything. She has no rights to ever see her grandson and she is using her profession to threaten you when she cannot do anything. If she brings her daughter in law to court by using her profession just because she does not like you, it would be making her look really unprofessional, and bad because she would lose. If you are still nervous, have a consultation with a lawyer and tell him the situation. Some lawyers have free consultations if you want to look some up in your area. As for your husband, I would put my money on his problem being that you cheated a year ago. He probably thought having a baby would make it better, but now he still thinks about it and it bothers him. My husband emailed a chick behind my back and it has been 4 months and im still not over it, and you slept with someone else and were already having a kid by that point. to fix the problem with your husband, I would go to counseling and get him to open up. It will also help because you can have time to communicate, and have a third party neutral person to help you work things out. The fact is that no matter how much time passes, you still cheated and you are not done paying for it, and never will be. there is a difference in forgiving, and forgetting, and even though he forgave you, he will never forget.
2016-05-22 23:06:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Generally speaking, anything owed before a marriage is separate property as long as the spouse’s name was never added to the deed. However, the increase in value can be considered martial property, so, in that situation he might be entitled to 50% of the increased value. For example, if the house was worth $100,000 when they married and is now worth $150,000, he could be entitled to $25,000 (half of the increased value of $50,000). Mom should talk to a local attorney.
2007-01-09 05:33:03 · answer #4 · answered by kp 7 · 0⤊ 0⤋
Each state is different so it depends on the state she lives in..best thing is to call a lawyer in her area and ask and find out what the stipulations are.. Alot of states if it was property owned prior to the marriage, then it cant be touched, other states, it doesnt matter , if they are married its considered both of their property , so it will just depend on the state she lives in..
2007-01-09 04:56:54 · answer #5 · answered by brwneyedgrl 7 · 2⤊ 1⤋
Laws are different state to state and country to country but also know that the "matrimonial home" is usually dealt with differently than other property.
2007-01-09 04:59:57 · answer #6 · answered by Anonymous · 2⤊ 0⤋
It would "seem" her property is protected by having the title in her name before remarriage, but the legal system is--kindly put--capricious, & varies from state to state. I'd definitely advise seeking legal counsel.
2007-01-09 05:03:57 · answer #7 · answered by Psychic Cat 6 · 1⤊ 1⤋
Anything that was hers before the marriage is still hers. He can only take what has been gained since the marriage.
2007-01-09 04:55:49 · answer #8 · answered by harleychickfatboy 3 · 2⤊ 1⤋
www.findlaw.com
It she paid for it out of their joint checking account, she is screwed. It also depends on the state. Some states it doesn't matter how it was payed for as everything is community.
2007-01-09 05:02:00 · answer #9 · answered by Fishgutts 4 · 0⤊ 1⤋
she will get it however if they are forced to sell everyting yes she may have to sell it other wise its hers no worries. She would only have to sell it if judge says to sell all assets to pay off debt. it don't happen often
2007-01-09 04:59:36 · answer #10 · answered by wendy 2 · 0⤊ 1⤋