Messy separation and divorce

[Lana A.]

Good afternoon,

I'm hoping to get some guidance.

My brother in law has been living in my father in law's house for the last 14 years. My father in law has never lived in the house and has instead lived with his other son's family (my husband and our family).

My brother in law's wife has now left him and she is saying that she is entitled to 75% of my father in law's house. They have two children together - one is 18 and the other is 14.

Is this possible? Is she able to take 75% of my father in law's house?

My brother in law had a verbal agreement with my father in law that he will pay the mortgage as rent and all bills and water ates whilst he lives in the house and my husband has been paying the council rates and land taxes.

My father in law is now distressed that his house could be taken away from him.

 

[Atticus]

My brother in law's wife has now left him and she is saying that she is entitled to 75% of my father in law's house. They have two children together - one is 18 and the other is 14.

Is this possible?

No, at least not on the info you have provided ..

Very basically, If BIL has been paying mortgage as 'rent' & the property is not in his name, then it can't be included in a property settlement as an asset for division.

That said, his ex can still file for property settlement to divide other assets, savings, superannuation etc, & if she can satisfy the court that she has made non financial contributions (child rearing, giving up or suspending a career to do so for example) her entitlements may be adjusted accordingly

 

[sammy01]

I agree with Atticus. God knows where she got this 75% number but based on the information provided she is on a hiding to nothing with expecting 75% of father in law's house. Aint gonna happen
cheers

 

[Lana A.]

Thank you all.

The lawyer has said the same thing so my father in law is relieved.

Difficult when parties separate and things get nasty but as long as my father in law gets to keep the house he's worked all his life for, that's a relief for us.