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The guy bought the house because he fathered a child with the mistress. Both their names are on all the legal documents. He also has a home with his wife. ((This is for a family member))

2007-10-16 09:03:18 · 8 answers · asked by Anonymous in Politics & Government Law & Ethics

florida is the state

2007-10-16 09:11:23 · update #1

both names= mistress + married man

2007-10-16 09:13:28 · update #2

8 answers

Florida divorce law is more complicated than many other community property states. It's possible that the wife could get nothing from that property with the situation you describe. It's also possible that a judge would award her a partial payout depending on the circumstances of the purchase. In Florida these things are hard to predict. Check out the link below for more info.

2007-10-16 09:48:14 · answer #1 · answered by Anonymous · 0 0

Depends on the laws of the state in which they live.

In states where there is a 50/50 community property law... the
wife would be entitled to HALF of the husband's half.

In states where there is dower rights ... then the wife would be
entitled to one-third of ANYTHING that the husband owns.
(So in this case ... one-third of the husband's half.)

Tell the wife to seek legal representation ... Or ... if you are
related to the mistress ... She might also want to get legal
counsel so that she understands want her circumstances
are when it come to this house that she shares with somebody else's husband.

2007-10-16 09:18:55 · answer #2 · answered by kjh 3 · 0 0

His legal share of the house is considered community property with his wife. She is entitled to half his share of the value.

2007-10-16 09:11:21 · answer #3 · answered by Lex 7 · 0 0

Depends on your state/province.

(by both names on title do you mean he and his mistress? If you mean wife then, she would be entitled to rent or any increase in fair market value).

Also, if the mistress is the one on title with him and they still get along, they could easily draft a trust document stating that she (mistress) was the benficial owner of the home and he is holding his share in trust for her for one reason or another. (ie...mistress couldn't mortgage on her own.)

2007-10-16 09:12:28 · answer #4 · answered by elysialaw 6 · 0 0

If the man was not married when he bought the house and his wife's name is not on the deed I believe he can tell her that. But otherwise no.

2016-05-22 23:35:31 · answer #5 · answered by ? 3 · 0 0

Yes, if it's a community property state.

2007-10-16 09:08:57 · answer #6 · answered by Sean 7 · 1 0

If they are in a community property state, yes. He bought it with money that was half hers.

2007-10-16 09:08:19 · answer #7 · answered by Michael C 7 · 1 0

I dont know if it would fall under community property (communal????) Call a lawyer

2007-10-16 09:06:47 · answer #8 · answered by natasha 4 · 0 0

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