Living on wife's family estate - now divorcing - I need some rights & protection

[Ric032446]

What is the name of your state (only U.S. law)? Washington
Married 34 years - sold home in different state 10 years past - moved to live on wife's family estate which is held in trust - all equity and moneys earned over past 10 years invested in this property, including $187,000 bank note in my name to build a second house - we now live on the property in seperate residences - propetty will be inherited by my wife upon death of her parents - property value $5 mil - can I be guaranteed of recieving a share of this money - life was lived and money spent with the understanding that she/we would be rewarded with ownership of property to sell and retire on - I am now very close to retireing and recieving social security and I am now being asked to leave with only the clothes on my back, almost a homeless person with a car, while she will become rich in 1/5 years- she even wants money from my 401k to live on until she can sell property. Help!What is the name of your state (only U.S. law)?

[HomeGuru]

Originally Posted by Ric032446

What is the name of your state (only U.S. law)? Washington
Married 34 years - sold home in different state 10 years past - moved to live on wife's family estate which is held in trust - all equity and moneys earned over past 10 years invested in this property, including $187,000 bank note in my name to build a second house - we now live on the property in seperate residences - propetty will be inherited by my wife upon death of her parents - property value $5 mil - can I be guaranteed of recieving a share of this money - life was lived and money spent with the understanding that she/we would be rewarded with ownership of property to sell and retire on - I am now very close to retireing and recieving social security and I am now being asked to leave with only the clothes on my back, almost a homeless person with a car, while she will become rich in 1/5 years- she even wants money from my 401k to live on until she can sell property. Help!What is the name of your state (only U.S. law)?

**A: time to see a very good divorce attorney.

[Ohiogal]

Originally Posted by HomeGuru

**A: time to see a very good divorce attorney.

Who can include the trust as a party to the divorce.

[Bali Hai]

Originally Posted by Ric032446

What is the name of your state (only U.S. law)? Washington
Married 34 years - sold home in different state 10 years past - moved to live on wife's family estate which is held in trust - all equity and moneys earned over past 10 years invested in this property, including $187,000 bank note in my name to build a second house - we now live on the property in seperate residences - propetty will be inherited by my wife upon death of her parents - property value $5 mil - can I be guaranteed of recieving a share of this money - life was lived and money spent with the understanding that she/we would be rewarded with ownership of property to sell and retire on - I am now very close to retireing and recieving social security and I am now being asked to leave with only the clothes on my back, almost a homeless person with a car, while she will become rich in 1/5 years- she even wants money from my 401k to live on until she can sell property. Help!What is the name of your state (only U.S. law)?

[url=http://www.divorcenet.com/states/washington/state_lawyer]DivorceNet - Washington Divorce Lawyers[/url]

[Ric032446]

Originally Posted by Ohiogal

Who can include the trust as a party to the divorce.

Not exactly sure of your question - the trust that owns the property was set up by her parents & the will gives her the property upon parents death. Second question - can she have me kicked out of my house & onto the streets? The same house we have lived in for 10 years on the property.

[LdiJ]

Originally Posted by Ric032446

Not exactly sure of your question - the trust that owns the property was set up by her parents & the will gives her the property upon parents death. Second question - can she have me kicked out of my house & onto the streets? The same house we have lived in for 10 years on the property.

No, if you refuse to leave she cannot kick you out of the property, at least not right now. She would have to file for divorce and ask the judge to give her temporary possession of the marital home.

However, it is a bit trickier since you are living on her parent's estate. You sincerely need to get yourself a decent attorney, ASAP.

[Ohiogal]

Originally Posted by Ric032446

Not exactly sure of your question - the trust that owns the property was set up by her parents & the will gives her the property upon parents death. Second question - can she have me kicked out of my house & onto the streets? The same house we have lived in for 10 years on the property.

It was not a question but rather a continuation of HG's advice to get a good lawyer -- get a lawyer who can include the trust as a party to the divorce proceeding.

She cannot have you kicked out. Is the will revocable? Are the parents still alive? You may need to include the parents as parties as well.

[Ric032446]

Is this really the marital home? We have never actualy owned the property, we rent from the trust by paying the property tax. Parents are still alive. I think the problem would be over if parents were dead and she now owned the property free and clear. She moved them to a Mexican old folks home several months ago. At my urging she had an attorney draw up papers to have parents resign as trustees and to make her the sole trustee prior to taking them to Mexico. Trust is revocable. I will make contact with an attorney to discuss. Glad to know I can refuse to go if asked to. Thanks.

[Ohiogal]

Originally Posted by Ric032446

Is this really the marital home? We have never actualy owned the property, we rent from the trust by paying the property tax. Parents are still alive. I think the problem would be over if parents were dead and she now owned the property free and clear. She moved them to a Mexican old folks home several months ago. At my urging she had an attorney draw up papers to have parents resign as trustees and to make her the sole trustee prior to taking them to Mexico. Trust is revocable. I will make contact with an attorney to discuss. Glad to know I can refuse to go if asked to. Thanks.

You are married and you live there as husband and wife -- it is the marital residence. You can refuse to go until a court orders you out.