posted this on site yesterday, but was in a hurry, so will explain a bit better. this is my brothrs problem but hope u can help. he bought his property outright 7yrs ago, 5yrs ago he got married and had a baby now 4.she has never paid anything towards bills,furniture,nothing.she has keept her tax credits and child allowence in the bank since the baby was born. she has never worked. now she want me out, and sta in flat. can she do this? and where do i stand? any help in this matter i would be grateful. thanks.
2007-11-01 05:37:00 · 11 answers · asked by deborah w 1 in Family & Relationships ➔ Marriage & Divorce
Do not move out!! It will hurt you legally. You are basically giving up your rights to the house if you do. She does have claim on part of the house though. Since you were together for 5 years. In the eyes of the law even if she did not pay a dime she supported you in management of the home.
2007-11-01 06:25:22 · answer #1 · answered by Islander 4 · 0⤊ 0⤋
She wants you, as her husband's sister, out or her husband?
She cannot kick her husband out until they settle the divorce papers and the house. She might get a half of it, unless they had a pre-nup, which I doubt of.
I am not sure what you mean by her keeping her tax credits in the bank because tax credits get applied against your taxes. If you don't owe any taxes, you don't get any credits. It's not money that you can touch or put in the bank. If you mean that she was receiving the tax refunds on their both behalves, it will be considered in their divorce settlement. They probably end up splitting everything 50-50 but it also depends on the state and who will get a kid. Your brother should get a divorce attorney immediately!
She cannot kick him out of the house, unless she gets a house in the divorce settlement and then she can call cops and get him arrested for breaking into "her" property.
2007-11-01 12:43:29 · answer #2 · answered by terliuke 5 · 0⤊ 0⤋
Get yourself a REALLY good lawyer. Unfortunately it is hard to get the woman removed from the house if there is children involved. The laws are kind of old but if she claims that she stayed at home to raise the kid and that was her job then you will have a very tough time winning this battle, best bet is to sell the house quick and buy a new one she can't get at. If she has no home it will be easier for you to win in a custody battle as well. But you need the best lawyer you can get, and don't skimp on spending the money or you will loose more to her
2007-11-01 12:44:02 · answer #3 · answered by david h 3 · 0⤊ 1⤋
well good luck when it goes to court the mediators(who the judge always agrees with)are brutal especially to men.and anyone out there who says its not like that are lying through their tooth.i thought i had the upper hand on the house part with my ex being in trouble with the law and me with the backing of all kinds of people but guess what the mediator pretty much didn't even recognize i was there until it came to the child support issue.just start packing your bags pal no matter how good of a person you are your still a male.
2007-11-01 12:48:23 · answer #4 · answered by mr. y 5 · 0⤊ 0⤋
Your brother's home, and his wife... even if she pays nothing (and it's none of your concerne anyway), she is still 1/2 owner of everything through marriage.. at least, this is how it goes in the United States.
I would say that that if you are living with your brother and his wife, and she wants you to move out, do so. There isn't any sense in causing World War Three over something like this... maybe she feels she lacks privacy in her own home? it's hard to tell.
Move on.
2007-11-01 12:55:46 · answer #5 · answered by letterstoheather 7 · 0⤊ 0⤋
Yes she can actually. Since she is married to your brother the property is considered hers as well. She can call the police and have you removed if she likes. At the same time though your brother can tell them he wants you to stay, and he will have to work it out with his wife.
2007-11-01 12:41:00 · answer #6 · answered by jimapalooza 5 · 2⤊ 0⤋
You really need to clean up this question. I am assuming your brothers wife wants you out of the house. Not so hard to understand, I don't see why you are living there anyway. They are married so what is his is hers, and vice-versa, so all the other details are meaningless.
2007-11-01 12:48:09 · answer #7 · answered by javelin 5 · 1⤊ 0⤋
Well, she can't make him leave, but in a divorce she is intitled to half. Unless he had a pre-nup. He can go to legalaid and get help. But just the same, he is intitled to half of her money.
Good Luck
2007-11-01 12:48:03 · answer #8 · answered by eeyore6838 5 · 0⤊ 0⤋
ugh yes she can and more power to her!! she gave "birth" to his or your child and married you or your brother so she deserves what ever she wants!!
2007-11-01 12:46:41 · answer #9 · answered by notyochic 6 · 0⤊ 0⤋
you are the legal owner of this dwelling purchased prior to the marriage...it will remain yours after the divorce
2007-11-01 12:40:57 · answer #10 · answered by sunbun 6 · 1⤊ 2⤋