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    crazielassie's Avatar
    crazielassie Posts: 2, Reputation: 1
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    #1

    May 24, 2009, 03:03 AM
    Legal rights of martial child, when there has been an affair
    I have just learned that my father has had an affair. There is now another child due to this affair. He has bought a house that the other woman lives in. She only pays rent. My mother told me that the rest of the mortgage has to be paid in 7 years time. The other woman does not have the financial means to pay this off as she lives on benefits paid to her by the government. So it looks like the debt will have to be paid by myself and my mother. What legal rights do I have over this property? If I have to put money towards it does the mother of the other child or the other child have any rights? As I don't want to lose out financially.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 24, 2009, 04:00 AM
    Quote Originally Posted by crazielassie View Post
    I have just learned that my father has had an affair. There is now another child due to this affair. He has bought a house that the other woman lives in. She only pays rent. My mother told me that the rest of the mortgage has to be paid in 7 years time. The other woman does not have the financial means to pay this off as she lives on benefits paid to her by the government. So it looks like the debt will have to be paid by myself and my mother. What legal rights do I have over this property? If I have to put money towards it does the mother of the other child or the other child have any rights? As I don't want to lose out financially.

    I don't understand why you and your mother would have to pay your father's debts. Is your father the titled owner to the property?

    You have NO obligation to pay your father's debts under ANY circumstances unless you are somehow a co-signer on a loan or mortgage. Your mother may and it depends on the State.

    Need more info.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 24, 2009, 05:26 AM

    I echo what Judy said. I see nothing that obligates you or your mother to pay for this house. Isn't your father paying? You said he bought the house so it should only be in his name.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    May 24, 2009, 07:56 AM

    What state is this in and what is the exact relationship of your mother and father ? Are they divorcing ?
    crazielassie's Avatar
    crazielassie Posts: 2, Reputation: 1
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    #5

    Jun 14, 2009, 03:10 PM

    He is the sole-owner but my mother tells me tha tif he died then the debt would her's it turns out that the other woman does want the kid to go to the local school and therefore will want to move back to area she stayed before. My father is nearly 62 and would not want to move from the maritail home as he wouldn't want to take on the other woman's boy to a previous relationship. So hopefully she moves. My mum and da are not getting divorced as my mother will not release him, so that other woman won't get marital status. I still can't get over this whole situation with the affair the kid an all, I used to be so proud of my dad and I feel so sorry for my mother. I had a good talk with my dad today and feel much better that I have aired my feelings
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jun 14, 2009, 03:18 PM

    Your father's debts, upon his death, become payable by his estate. Ultimately, any money used to pay debts is NOT inherited by your mother (obviously).

    At this point your mother has no legal interest (right) to that house as it is your father's alone. Your father can authorize that the property be inherited by anyone he wishes, upon his death. You have no legal responsibility or right unless your father's assigns that interest/right to you.

    Obviously the other child also has a claim against your father's eventual estate.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jun 14, 2009, 05:08 PM

    The issue is that of course your father appears to be alive and may live to be in his 90's and want to provie for this child and mother also.

    That is his choice.

    If the property is in his name alone, then the house goes into the estate.

    The child, would have course have a right to claim a share in the estate if there is no will.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jun 14, 2009, 05:38 PM
    Quote Originally Posted by Fr_Chuck View Post
    The issue is that of course your father appears to be alive and may live to be in his 90's and want to provie for this child and mother also.

    That is his choice.

    If the property is in his name alone, then the house goes into the estate.

    The child, would of course have a right to claim a share in the estate if there is no will.

    And I will add that in some States, countries, the father cannot simply disinherit the child.

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