Thing is that according to the original paperwork of the home my dad is the only one on it along with my mother NOT my brother. My sister-in-law is trying to fight part of the home because she had been living there with my brother and three nephews for close to 2yrs. She then abandoned the house to live with her lover and now wants to come back in to this house. I'm trying to find out if that could be possible or if my brother needs to fire his attorrney for also advicing him to give her back the keys of the home because they found out my brother's name is on I believe the homestead of the house.
2007-03-07 17:23:23 · 4 answers · asked by dallas_gurl23 1 in Family & Relationships ➔ Marriage & Divorce
if that's so then your mother and father own it not him or her. so she can't have it or the keys
2007-03-07 17:30:51 · answer #1 · answered by freeman3905@sbcglobal.net 6 · 0⤊ 0⤋
You don't mention what state the house is in and the laws will vary widely from state to state regarding what the effect of a "homestead" is. For example, a "homestead" category is used to protect a house from creditors in some states. Without more information it is difficult to guess what the effect of your brother having the homestead will have in a divorce.
That being said, your soon to be ex SIL may be entitled to a share in the appreciation of the property if she and your brother worked on it and increased the value or if they were paying the mortgage or for a wide variety of other reasons. If your brother is entitled to a financial asset (be it a house or something else) then she will be entitled to a share of that asset as well. However, if your brother has NO rights to a share of the house then she will not either. For example, if your brother was really more of a renter - he has no right to a share of the house ,and neither would she. Whether or not she should be allowed back into the home during the divorce - is a separate question. That has more to do with the kids, stability, who will have custody, etc.
Before you tell him to fire his lawyer - you need to understand why certain decisions are being made. If your brother doesn't understand, he needs his laywer to explain again and again until he does.
Good luck.
2007-03-08 02:36:44 · answer #2 · answered by CV 3 · 0⤊ 0⤋
well you need not worried about that, she can fight to hell freeze over, but as long as you brother name not on the paper,,, for it belong to you dad an mom,,,,the only thing she can get is the thing he has in his name,,,but if his name any where on the paper, she can get half, if she got it while married to her
2007-03-08 08:30:55 · answer #3 · answered by ghostwalker077 6 · 0⤊ 0⤋
your dad need to put the house in trust to your brother and she can get it
2007-03-08 02:13:04 · answer #4 · answered by nightman122554 4 · 0⤊ 0⤋