Mother is suing daughter or gift from father during divorce.

[andrew100]

What is the name of your state (only U.S. law)? North Carolina

My wife recently acquired part of a home from hr father who is in the middle of going through a divorce. The home has been in his family for over 60 years and was his mothers house that lived there until she had to go into a nursing home. His lawyer signed the deed over to my wife and myself in December which was about 6 month into their separation. So the house is going to close this week and guess who is making a big stink about her half of the house and saying they are going to sue us over her half of this house? her mother, my question is does the mother ( ex wife of the father) have any right to do this to us? should we sign over the half of the house she is requesting? or wait to see what happens?

 

[justalayman]

It sounds like the father is attempting to avoid this being part of the divorce assets. Not a smart thing to do. HE needs to be sure it is not considered a divisible asset. Only then can be legally give you or sell you the house.

 

[I'mTheFather]

Just out of curiosity, was your wife's father the owner or was his mother the owner?

 

[Willlyjo]

What is the name of your state (only U.S. law)? North Carolina

My wife recently acquired part of a home from hr father who is in the middle of going through a divorce. The home has been in his family for over 60 years and was his mothers house that lived there until she had to go into a nursing home. His lawyer signed the deed over to my wife and myself in December which was about 6 month into their separation. So the house is going to close this week and guess who is making a big stink about her half of the house and saying they are going to sue us over her half of this house? her mother, my question is does the mother ( ex wife of the father) have any right to do this to us? should we sign over the half of the house she is requesting? or wait to see what happens?

The lawyers involved in the divorce proceedings will work out the details concerning ownership of the house. The court will decide what is fair. If it is your wife's grandmother's house and she allowed it to be signed over to you and your wife, then the ex wife has no legal claim to it what-so-ever.

 

[Ohiogal]

What is the name of your state (only U.S. law)? North Carolina

My wife recently acquired part of a home from hr father who is in the middle of going through a divorce. The home has been in his family for over 60 years and was his mothers house that lived there until she had to go into a nursing home. His lawyer signed the deed over to my wife and myself in December which was about 6 month into their separation. So the house is going to close this week and guess who is making a big stink about her half of the house and saying they are going to sue us over her half of this house? her mother, my question is does the mother ( ex wife of the father) have any right to do this to us? should we sign over the half of the house she is requesting? or wait to see what happens?

Who owned the home (who was on title)? Your wife's stepmother can definitely make a stink about dissipation of marital assets. Involving yourself in this matter at this point in time is NOT smart. YOU and your wife should not be receiving a substantial gift from a party going through a divorce.

 

[andrew100]

grandmother was owner until she went into a nursing home, then father is part owner with another bother and gave his share to us. Since the home was in his family for 60 years does my wife's mother have any rights to it? Also since it was a gift from the father wouldn't it be his issue that the money from the house would be part of the divorce settlement?

 

[Willlyjo]

It sounds like the father is attempting to avoid this being part of the divorce assets. Not a smart thing to do. HE needs to be sure it is not considered a divisible asset. Only then can be legally give you or sell you the house.

Based on what is said in the OP's post, it is the father's mother who owned the home. Therefore, if it was signed over to the OP, the ex wife has no right to it.

Otherwise, how could it be signed over to the OP without the ex wife's permission? Surely she, as the wife would have her name on the deed. Unless the father had it in his name before she became his wife. If this is the case and he signed it over to the OP, it was a profound stupid thing to do.

OP, please be specific here in telling us the circumstances.

 

[andrew100]

grandmother was owner until she went into a nursing home, then father is part owner with another bother and gave his share to us. Since the home was in his family for 60 years does my wife's mother have any rights to it? Also since it was a gift from the father wouldn't it be his issue that the money from the house would be part of the divorce settlement?[/QUOTE

The crappy thing about it is the mother who is about to sue her daughter over this, but the house was never in the mother's name, just in the fathers and his brother's name, so when the house was signed over to us which we had no idea about or were asked about the mother did not have to sign anything to approve the transaction.

 

[andrew100]

So the house is suppose to close this week and the closing office is wanting a paper signed by the ex wife saying that she approves that the house was put into my wife's name, and sounds as if she doesn't sign it then the closing might be delayed. Also the ex wife is requesting that we sign over half to her or she wont sign the paper., honestly i we just can't believe she is making this big of an issue with the divorce settlement coming up.

 

[Proserpina]

So the house is suppose to close this week and the closing office is wanting a paper signed by the ex wife saying that she approves that the house was put into my wife's name, and sounds as if she doesn't sign it then the closing might be delayed. Also the ex wife is requesting that we sign over half to her or she wont sign the paper., honestly i we just can't believe she is making this big of an issue with the divorce settlement coming up.

She's likely making an issue out of it because it does appear that Dad is trying to screw Mom out of perhaps the equity she may be due.

Read OG's post again, OP.

 

[andrew100]

deed was in his name not hers, house has been in father and brothers name for over years since grandmother was getting very old and getting close to retirement home. p.s father and mother were married for 25+ years

 

[Ohiogal]

grandmother was owner until she went into a nursing home, then father is part owner with another bother and gave his share to us. Since the home was in his family for 60 years does my wife's mother have any rights to it? Also since it was a gift from the father wouldn't it be his issue that the money from the house would be part of the divorce settlement?

So it transferred to father how? And was its value used as part of a medicaid spend down to pay for the nursing home? It is not an inheritance. If a gift that could also cause problems for the grandmother. Your wife's mother may very well have a claim on it IF any money was used to purchase the share or pay for the share. And it becomes YOUR issue if there is a dissipation of marital assets claims because the transfer could be ordered reversed and you and your wife could become sued and parties as part of the divorce.

 

[Ohiogal]

deed was in his name not hers, house has been in father and brothers name for over years since grandmother was getting very old and getting close to retirement home. p.s father and mother were married for 25+ years

Marital property. Yep. There is an issue with the gift. Don't take the gift and stay away from this until the divorce is finalized.

 

[justalayman]

Based on what is said in the OP's post, it is the father's mother who owned the home. Therefore, if it was signed over to the OP, the ex wife has no right to it.

Otherwise, how could it be signed over to the OP without the ex wife's permission? Surely she, as the wife would have her name on the deed. Unless the father had it in his name before she became his wife. If this is the case and he signed it over to the OP, it was a profound stupid thing to do.

OP, please be specific here in telling us the circumstances.

not enough information available to make a real determination. This needs to be reviewed by the lawyers involved, not an internet forum. Not being on the deed does not mean she is not entitled to some share of the asset.

 

[andrew100]

it was taken over by the grandmothers kids prior to the nursing home, for reasons i'm not sure about. and there wasn't any money spent to acquire the property and really anything spent on it through the years he was parts owner.