Check out some similar questions!

odinn7 · Aug 2, 2011, 12:17 PM

How about this one? This subject came up between my wife and I the other day and it got me to wondering how this would all work out so I figured I would ask here. It kind of reads like a soap opera so I'll cut out all the ridiculous stuff and try to stick with the basics and hopefully that's enough to get an answer.

My brother in law has been married since 1995 to a woman who he has a daughter with. In '96 this woman took off on him and left him with the daughter who was 2 or 3 at the time. Some time passed and he found someone else. They eventually bought a house and had 2 kids together. The house is only in his name and he is still married to the other woman who he supposedly hasn't seen in years.

Now, my question is... Who has legal claim to that house? Would it only be him? Would the original wife have any claim to it even though he bought it after she left? How about the woman he is living with now?

joypulv · Aug 2, 2011, 12:31 PM

Neither woman has a financial claim to the house now. If divorce is filed, then what happens depends on whether it's a community property state and what the outcome of the divorce settlement is. (There are only 7 such states, but CA is one.)
The woman he is with now has a legal claim to live there unless he evicts her, and that depends on the landlord laws of the state. She could sue him for monetary losses if she proves she contributed to the house payments, upkeep, etc.

odinn7 · Aug 2, 2011, 12:36 PM

I should have added that this is in Pennsylvania if that makes a difference.

ScottGem · Aug 2, 2011, 12:54 PM

His wife can show up and make a claim for marital property. So it would be smart on his part to apply for a divorce on abandonment grounds.

odinn7 · Aug 2, 2011, 12:58 PM

That's the best part and one of the reasons I asked this. He won't say it publicly but I know he doesn't really want a divorce... he gets divorced, he will be pressured into getting married again.

ScottGem · Aug 2, 2011, 01:29 PM

Originally Posted by odinn7

That's the best part and one of the reasons I asked this. He won't say it publicly but I know he doesn't really want a divorce...he gets divorced, he will be pressured into getting married again.

I had that suspicion.

JudyKayTee · Aug 2, 2011, 02:51 PM

Originally Posted by odinn7

That's the best part and one of the reasons I asked this. He won't say it publicly but I know he doesn't really want a divorce...he gets divorced, he will be pressured into getting married again.

You might want to remind him that if he DOESN'T get divorced under certain conditions and circumstances he COULD be responsible for some of her debts.

I would question how any assets are held - cars, etc.

odinn7 · Aug 2, 2011, 04:55 PM

Truth be told, I don't really like the guy much so whatever happens... I think he brings most of his problems on himself with the attitude he has and this situation is no different. He has been told that it might be possible his wife could make a claim but he doesn't care. I, myself, was just curious how all this could potentially work out. Thanks for the answers.

excon · Aug 3, 2011, 05:36 AM

Originally Posted by odinn7

Who has legal claim to that house? Would it only be him? Would the original wife have any claim to it even though he bought it after she left? How about the woman he is living with now?

Hello o:

There IS no original wife. There is only his wife, and she has claim to HALF of everything he/they acquired during the marriage.

The roommate he's living with now has NO claim on his property.

excon

JudyKayTee · Aug 3, 2011, 05:56 AM

Originally Posted by excon

Hello o:

There IS no original wife. There is only his wife, and she has claim to HALF of everything he/they acquired during the course of the marriage.

The roommate he's living with now has NO claim on his property.

excon

- And I will add that that includes everything obtained since she left as well as everything obtained before she left.

And when he dies, guess who collects his SS benefits?

ebaines · Aug 3, 2011, 06:36 AM

Not meaning to pile on, but also:

1. If he has a 401(k) by law the wife is at least a 50% beneficiary, unless she agrees in writing to not be the beneficiary (which sems unlikely here).

2. If he has no will then when he dies 50% of his property will go to the wife and 50% to the child. If he does have a will and tries to cut the wife out she could sue and the will would probably be found to be invalid.

He really needs to stop being a lazy SOB and file for divorce.

odinn7 · Aug 3, 2011, 07:45 AM

So... the wife has been gone since '96 or '97 and he bought the house in about '99 when she wasn't around. He hasn't made any real valid attempts to divorce her... so then what I gather from all that I've read here is that the wife still has claim if she wants it. LOL... I guess he's hoping she dies first.

JudyKayTee · Aug 3, 2011, 08:27 AM

I can't imagine where the girlfriend is coming from. If he dies, she's going to have some REAL problems on her hands.

As a side issue - in NY Courts are awarding the amount that real estate appreciated during the term of the marriage EVEN THOUGH the property was held in the name of only one party. For example, my husband owns the house, I live there. My contribution is monetary or labor or moral support so I am entitled to (usually) 50% of the increased value of the property between when it was purchased and when I walk out the door.

In this economy this is not a big consideration but...

odinn7 · Aug 3, 2011, 09:12 AM

LOL... what a mess. Thanks everyone.