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Wife's mother is getting a divorce. Her husband is on 25% of the deed, wife is on 50% of the deed. Wife's mother is on 25% of the deed. Can a divorce judge force everybody to sell the property?

2007-09-12 11:51:52 · 5 answers · asked by jsteg5 2 in Politics & Government Law & Ethics

5 answers

No, that would take a separate legal action know as "partition." The Court has no power over people who are not a party to the lawsuit (wife's mother). There are a lot of different scenarios. First, just because there's a divorce doesn't mean the property cannot continue to owned jointly. If you live somewhere that has poor property values, it may be wise to continue to own the property jointly until the market improves. Second, the judge could give one party more debts and the other a greater share in the assets to equalize the property division. Every asset doesn't have to be divided equally--the Court will look at the bottom line to try to make sure all the debts and assets are roughly equal. Wife could buy out husband and vice versa. WIfe could take more debts or give up other assets. Husband could give up house in lieu of spousal support (if applicable). Anyway, your wife's mother isn't a party to the divorce and the Court has no power over her.

2007-09-12 12:06:31 · answer #1 · answered by David M 7 · 1 0

Yes. The judge can do whatever they want to do, but naturally a really outrageous result could be appealed.

What probably should happen is for wife or one parent to buy out the other parent, or wife to buy out both. The judge can't force that.

2007-09-12 11:56:57 · answer #2 · answered by open4one 7 · 1 1

destructive possession could certainly make it their assets. Your superb wager is to talk with an criminal expert ASAP. because of the fact it can be a protracted criminal combat, for the two you and the neighbor, the neighbor could in simple terms take down the fence and supply it back extremely than be tied up in courtroom for years.

2016-11-15 01:58:41 · answer #3 · answered by ? 4 · 0 0

It depends on the the judge and the laws from the states if it is in the USA.

2007-09-12 11:56:15 · answer #4 · answered by Anonymous · 0 1

WTH

2007-09-12 11:57:28 · answer #5 · answered by Anonymous · 1 1

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