Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
Question: 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.
