Does Helping to Pay for Property Not in Your Name Entitle you to any Legal Rights?
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Summary
My son-in-law and his uncle inherited a peice of land with a mobile home on it, my daughter who has been married to him helped him payoff his uncle for the land recently. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. |
“My son-in-law and his uncle inherited a peice of land with a mobile home on it in Pennsylvania, my daughter who has been married to him for 10 years helped him payoff his uncle for the land recently and now he doesn’t love her anymore and making her life miserable and a divorce is what is coming in the next few months. What happens to the land and mobile home on the land inwhich they are living in with 2 children? My daughter and 2 grandkids will be moving in with us due to he won’t leave the mobile. My son-in-law hasn’t had a fulltime job for 3 years and my daughter has been the major income provider and also provides the family health insurance and pays most of the bills. My son-in-law actually took her end of year bonus (this year 2006)and paid his uncle off so that the land would be all his but with them divorcing we don’t know if my daughter has any legal right to the land since it was left to my son-in-law. and his uncle till his uncle was paid off. They were renting the mobile out and splitting the rent between my son-in-law and his uncle before my son-in-law brought his uncles share of the land and moved my daughter and grandkids into the mobile home. His uncle who willed the land and mobile to my son-in-law passed away after they were married. I believe the deed is in my son-in-laws name also. We never expected this to happen to them and there were no signs of any trouble till he got the land all to himself…no-one really knows what is happening to him and no-one expected this but the mental abuse he is putting my daughter through is just too much for her to handle so if you could just answer me as to if she helped to payoff his uncle”s share of the inherited land does she have any legal right to this land? We live in Pennsylvania.”
Pennsylvania is an equitable distribution state, so the Court will divide assets equitably (fairly). The land and improvements your soon-to-be-ex-son-in-law inherited started out as his separate property. However some of it was purchased with marital property (the bonus for the uncle’s interest). The land and improvements will be of mixed character - some of it marital property and some of it non-marital property. So your daughter would likely have some interest in the land based on the amount of marital property that went into buying out the uncle’s portion.
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For more on this subject check out these categories: Divorce, Family Law, Property
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.