Divorce Carnival

[Please keep it simple]

In the state of ariziona, 2 brothers a inherited a house after thier fathers passing. both work togther and agree on everything, no greed or anything. everything is split 50/50 and they are happy with it.

one brother goes off and gets married to a woman who has kids, but neither of the brothers who inheratied the house are the father of the woman's kids by blood in any way.

The woman is sterile, got her tubes tied. unable to produce any more children. She has no where else to go but is planning on taking the house by getting married to one brother , and getting it in a divorce. Although her name is not anywhere on the inheritance papers, living will, or trust which all have been filed by the father and brothers before any marrige or divorce took place.

can she legally take the house in the divorce?

and if so, can she still take the house if the other brother gets married, but thier relationship is perfect and want to stay married, and neither female is on any paperwork?

One brother stays married, the other divoreced.

Please help. I hope both questions get awsnered. All the other sites say call a lawyer, I'd like to have some idea of the laws before bringing a lawyer into this.

 

[Zigner]

can she legally take the house in the divorce?

That's a more complicated question than you may realize, and depends on the facts. Depending on the facts of the matters, it's possible that the wife could have some claim to the husband's ownership portion of the house, but it's a fairly simple matter to prevent that. Brother should speak to an attorney BEFORE getting married to make sure he handles things correctly.

and if so, can she still take the house if the other brother gets married, but thier relationship is perfect and want to stay married, and neither female is on any paperwork?

The other brother's marital status has no direct bearing on the matter.

If the brother is already married to the gold digger, then he ought to speak to an attorney to make sure he's doing things right.

 

[adjusterjack]

can she legally take the house in the divorce?

I have been divorced in Arizona and I can answer your question.

No, she can't "take" the house. Ownership doesn't change.

She may have a marital interest in any equity that builds up in her husband's share during the marriage. In the event of a divorce, he will have to pay her money for that, unless there is some sort of offset that can be arranged. If he doesn't have enough money to cover her share, he will either have to borrow it or sell his half interest in the house.

There are ways that the brother could have planned for this BEFORE getting married and avoided having the wife accrue any marital interest.

After getting married it's way too late as the usual mistakes are likely to have already been made.

As the old saying says, "Marry in haste, repent in leisure."

 

[Just Blue]

In the state of ariziona, 2 brothers a inherited a house after thier fathers passing. both work togther and agree on everything, no greed or anything. everything is split 50/50 and they are happy with it.

one brother goes off and gets married to a woman who has kids, but neither of the brothers who inheratied the house are the father of the woman's kids by blood in any way.

The woman is sterile, got her tubes tied. unable to produce any more children. She has no where else to go but is planning on taking the house by getting married to one brother , and getting it in a divorce. Although her name is not anywhere on the inheritance papers, living will, or trust which all have been filed by the father and brothers before any marrige or divorce took place.

can she legally take the house in the divorce?

and if so, can she still take the house if the other brother gets married, but thier relationship is perfect and want to stay married, and neither female is on any paperwork?

One brother stays married, the other divoreced.

Please help. I hope both questions get awsnered. All the other sites say call a lawyer, I'd like to have some idea of the laws before bringing a lawyer into this.

How do you know this is her plan? Who are you in this situation?

 

[zddoodah]

She ... is planning on taking the house by getting married to one brother

That's silly, but how is it that you purport to know that she is planning this? What is your relationship to the three persons mentioned in your post?

can she legally take the house in the divorce?

Unlikely. At best, she might acquire a marital claim in her husband's 50% interest in the home.

 

[Please keep it simple]

Well, that does sum it all up. Thank you all so much, you all have been very helpful. I admire the professional and quick answers on this site.