If I divorce my husband because of his drug use, would I be able to keep our home even if the home was purchased with money his mother recieved in a settlement?

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If I divorce my husband because of his drug use, would I be able to keep our home even if the home was purchased with money his mother recieved in a settlement?

He has power of attorney over his mother and her finances. We’ve lived in the home over a year as a family.

Asked on November 7, 2012 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  Much more information is needed here as to the matter.  First, whose name is the house in?  And did his Mother know he was using her money to purchase the house?  Was the purchase technically for her?  Because it sounds to me like he is breaching some fiduciary duty here to his Mother.  I would strongly suggest that you seek help from an attorney in your area.  Good luck.


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