If my father-in-law was told to get out by his wife and he purchases a home before they are divorced, does she have any rights to it?

Asked on August 20, 2012 under Family Law, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your father-in-law and his wife live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

If your father-in-law and his wife were separated with no intent to reunite when he purchased the house, the house is his separate property and the wife has no claim.

If they were not separated or divorced when the house was purchased, the house is community property and your father-in-law's wife has a claim of one half regarding the house.

Since she told him to get out, it could be argued that they were separated with no intent to reunite when your father-in-law purchased the house and therefore the house is his separate property and the former wife would not have any claim to it.

If your father-in-law and his wife don't live in a community property state, other rules may be applicable.


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