Post # 1
My bil is going threw devorse and they split everything up nicely but when it came to the house they are fightinv for it. We think as a family the bil should get it. He built it with this dad with thier bare hands. It was bought by his father. But the wife that cheated for 6 years wants it.
Post # 3
if they don’t have a prenup, she may be entitled to half the house.
they can sell the house and split the proceeds or if he wants the house, he can buy her out or if she wants the house, she will have to buy him out.
Post # 4
@suez: Unfortunetly this is where it is going to get really messy. I’m sure she is not going to walk away without some kind of settlement.
Post # 5
It totally depends on the rules in your state/province.
In my province the “family home” goes to whichever parent has custody of the kids. He/she has the option to hold onto it until the last child is 18 and then it’s sold and profits are split. Or if it’s sold before that, profits are split in half and one has to buy the other out.
If there are no children, it’s sold and profit is split, or one has to buy the other’s half out.
Post # 6
Well, unfortunately for your BIL it really doesn’t matter who your family thinks should get the home, it’s a legal matter so hopefully he has a good lawyer who can help him out with that.
Post # 7
[content moderated for snark]
Post # 8
Honestly it doesn’t matter what your family thinks, its up to the law. Everyone’s family is going to think that their own relative should come out on top in a divorce, thats a natural, subjective opinion. Her family probably thinks the same thing about her getting the house.
Post # 9
If you are in my state or another marital property state, and if there is no prenup, then she is entitled to half the house. So they sell and each gets half the proceeds, or if BIL wants it, he has to pay her for her half.
It doesn’t sound like an amacable split, so I’m guessing she won’t just agree to give him the house. My Fiance and his ex-wife split on friendly terms, and because he had provided all the income during their marriage as well as putting her through vet school, they together agreed on a non-50/50 split. But if they weren’t amacable, she’d have gotten 1/2 of everything because of the marital property state laws.
Post # 10
I’d suggest a good lawyer.
Post # 12
@distracts: thank you! I was waiting for someone to say that!
Post # 13
Come on, Bees. There is NO need to make fun of the OP for her spelling. Not everyone has a firm grasp of the English language – she needs real advice, so if you can’t offer any opinions or advice, why not move on to another thread?
OP – I agree with PPs, it’ll depend on the existence of a prenup and if that’s not something they have then it will depend on the laws of whatever country and/or state or province in while your brother in law and his wife live.
Post # 14
@MissCalifornia: +1 — I had the same thought. It’s just needlessly rude.
Post # 15
OP, did your BILs father buy the house and gift it to them? Or is it still in his name? If he gifted it to him, was it before they got married? If so, laws are often different for property owned before marriage.
Post # 16
How immature and rude to make fun of someone for their spelling. That is high school behavior. Rip me apart if you want to but I am 100% correct.
Now in my state a marriage is viewed as a legit contract. Whomever voids out that contract loses the assets. If he can prove that she cheated, that would be great. It would prove that she herself broke that contract. But as others have said, look into the laws in your state.