Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and the Yahoo Answers website is now in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
Here is a legal question. A couple has been married for 33 years.?
Contemplating divorce they talk. They were 20 and 25 when they married. They moved 2000 miles from there home town. The mother of the 25 year old followed and they became a tight knit family. The 25 year olds' mothers house, takes title in all three of their names each with a 1/3 interest. The 25 year old who is now 58 claims that the 20 year old now 53 has no rights to the 1/3 interest that is in their name. What do you think? What will the courts say in a community property state? Should the 1/3 interest, stay with the 53 year old who is not a blood reletive, go back to the mother, the couple's two children, or to the 58 year old who is a blood reletive?
Secondly, if the 58 year olds' mother gifted the couple a small amount of money on two occasions, is it the resposnsibility of the 53 year old to pay back the gifted money in the event they divorce?
Please Help. The 53 year old does have legal title to 1/3 interest in the 58 year olds mothers house.
5 Answers
- Anonymous1 decade agoFavorite Answer
I think that the first contract will still stay intact personally. Seems to me that the now 53 yr old still has 1/3 rights. That is my gut reaction and in court, it seems that they would stay with the 1st contract. Was anything written down?
And in the case of the gift, no, the 53 year old should not have to pay any gifts back. They were a couple at the time and the gift was to the couple, not to the individual.
Tough case! I had to read it a few times!
- ♦justme♦Lv 61 decade ago
Gifts are gifts. There would be no obligation to repay. And if all 3 have title to the house, then all 3 have ownership rights. They would probably have to buy out the 3rd and give it to the spouse that is leaving, or if they are leaving the spouse staying would have to buy out the other 2/3, or sell it and split the profits 3 ways.
- 1 decade ago
If you are on title as a one third owner. You own 1/3, and no one can take it away from you. Don't let anyone talk you out of what is yours. Do not sign anything without a lawyer looking out for YOUR intrests.
With regard to the gifted money, it is a gift. and does not need to be repaid
- Anonymous1 decade ago
Why would you even be thing of paying back gifted money? As far as the house goes...if your not on the title it's going to be tough getting any part of that house. Live and learn. He will have to pay spousal support though.