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Family home question

Booboobear's picture
Forums: 

question for a friend, her DH and BM split up decades ago, and when she married him 13 years ago, she moved into DH& BM's home which BM had moved out decades ago, lived somewhere else using CS paymets from DH , which ended last year, and the home never got BM's name removed.  

Should SM and DH sell home, negotiate with bm over proceeds, and then buy new home,

or remain in home forever and wait for BM to pass away to move?

 

 

STaround's picture

Why was the BM's name never taken off the deed?  Did his divorce agreement require that?  Did your friend look at his divorce agreement?   Sign a prenup, which would have required her DH to disclose all?  Is your friend certain that the house is not to be held in trust for his kids? 

tog redux's picture

Honestly, it should have been done before SM moved in, but since it wasn't, YES, buy out BM now. They don't have to sell the home, they just have to buy out her half of it.

What if DH dies before BM does? Then BM owns half the house that the SM now lives in. AWKWARD.

Booboobear's picture

I dont know about how its is labled on divorce agreement, I havent seen it yet.  no prenup.  home is in both DH and BMs name.  BM never worked.  home is a trailer on one acre.  DH worked, paid CS and was broke the whole time after CS every month. no money to do anything.  SM used the home for a daycare, caring for his when he had them, hers and daycare kids.  they have no daycare now and she works at the factory.  DH still has the same job, after CS ending, they are starting over from $0. 

STaround's picture

My point about the prenup is that you never had a representation as to what he actually owned.  His paying CS does not change property settlement. Wherther he is enttild to house depends on what divorce ageement said. 

Booboobear's picture

hmmm. well there would be no prenup, they were too low of income.  What are the benefits of remaining in the house? what are benefits of selling?  the home is not paid off and they would profit around 11-20K.

STaround's picture

He needs to review his divorce decree and see who is entitled to the house.  It should have been decided then. 

SteppedOut's picture

Agree. This was already decided. It stinks there was never follow through, but the instructions have already been laid out by the divorce.  

Rags's picture

I am not one to tune my life to the demise of a long ago X.

I would drive the sale of the house.  Odds are the X will get half of the profits of the sale but a killer shark attorney may help your DH counter that a bit.

Rags's picture

BM's name is on the home.  Unless there are extenduating circumstances that would change it... she gets half of the profits.

I held my ground on this when my XW and her baby dady wanted to sell the home she and I had purchased together.  They wanted the house and to pay me nothing.  I got  half though I had not lived in it or paid a penny on it in more than 4 years.