QUESTION
Where do I stand if the house is in my dad’s but my name is also on the deed in the event of his death?
Asked on Feb 01st, 2013 on Divorce - Michigan
More details to this question:
My husband and I have been married 12 years. I filed for divorce in December 2012. I kicked him out September 2 2012. I am asking for 1/2 of his 401k, which my half is about $14,000. He does not want to give me anything. We have 1 child and he has raised my daughter since she was 1. Now he got a lawyer and he is trying to say if I don't take any of the 401k, he will not take the house, which we do not own. A house that we lived in together with my father for 12 years and paid half the house payment from time to time.
6 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get your own attorney. He can't get a house that isn't his. Sounds like you've just been paying "rent" for years.
Answered on Feb 04th, 2013 at 11:43 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you don't own the house as a community property asset, then he isn't entitled to half of it. Also, just because he has been involved in the child's life since she was 1 does not make her his financial responsibility, so child support is not an issue either.
Answered on Feb 04th, 2013 at 11:35 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Hire your own attorney to represent you and protect your rights.
Answered on Feb 04th, 2013 at 11:35 PM
John Arthur Smitten
If you are on the deed then she gets half of your half. If you are just a remainderman then she gets nothing.
Answered on Feb 04th, 2013 at 11:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with your attorney about the house. The two of you have been living in the house and it is possible that a court could find that you own one-half the house and that half is community property. It would be a lot easier issue if you and your husband had paid your dad rent while you lived there.
Answered on Feb 04th, 2013 at 11:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need the details to form an opinion. Your need a lawyer. You are entitled to 50% of the 401k, and from what you related he may not have a claim as to the house. However, without details I cannot offer firm advice.
Answered on Feb 04th, 2013 at 11:28 PM