In a divorce what are my rightsto the house that we lived in, if it is in my fathers name?

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In a divorce what are my rightsto the house that we lived in, if it is in my fathers name?

My father paid $2000 down for our trailer and my husband and I made the payments to the trailer park. He refused to leave, so my children and Ihad to leave. The trailer is not paid off and was acquired before we were married but all the paperwork is in my dad’s name until paid off. What are my rights to the trailer, if any?

Asked on January 14, 2011 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to consult with an attorney. Dependinig on the exact facts, you may have partial ownership--or you may have no rights. If there was an agreement that can be shown that you were making the payments in order to acquire an ownership interest in the trailer, that could give you some stake in it. On the other hand, at a glance, if the trailer was in your father's name; he made the down payment; and you were making the monthly payments to the park, it could also be the case where this situation would be construed that he owned the trailer himself and your payments were essentially your "rent" for living there as long as you did. You need a lawyer to look at this situation carefully with you. Bring all evidence of payments, all documents or agreements, any correspondence, and summarize any verbal discussions for the lawyer.


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