The other night my MIL was telling my husband how she was going to put our house up for sale soon because the house she was building for us would be ready by the end of the year. She was building the house before all of this happened. Her older son died last year and she wanted her other children to live nearby. My husband (her middle child) and I live 20 minutes away so she decided to buy houses for my husband and her other son in the same development. Now that all this is happening it doesn't look like I will be living there but I think my husband still plans on moving in.

She gave us the money to put the down payment down on our current home and put more money towards our mortgage to make the payments reasonable for us. If my name is on the title too, can she still put our house up for sale without my consent? If I want to get the house as part of our divorce settlement, will I have a problem doing that?

Thanks!

Wow, what a generous MIL (prior to your problems). So there are 3 names on the title? For the definitive answer, talk to a lawyer! Your rights can be protected with judicial involvement. It may depend on what state you live in. It would seem that all names on the title would have to agree but there may be a clause in the title pertaining to future sale - maybe something like only 2 of 3 parties involved need to agree... It would seem at the time of any sale all would probably share in any profits, but again, there may be a clause with an exception. If you are hoping to live in the house or expect a share of its worth, you definitely need to have a lawyer read it carefully. After all, it's part of your joint property with your H even if MIL is involved.

MIL is not listed on the title. Just my husband and I. If she is not listed, can she do anything? She keeps talking like she is going to put our house on the market. I didn't agree to anything.

While she has been generous she appears to be very controlling too. Usually that type of generosity comes with a huge price. It's a shame that your husband does not stand up to his mother.

Talk to a lawyer ASAP. If your MIL's name is not on the title she has no rights to do anything with you house. It does not matter where the money comes from.

Here is the little bit that I know. Inheritance and gifts are not community property. However it is obvious that the house is community property:

---- Your mother in law gave the gift of a down payment to both you and your husband. I say that because your name is on the title.

---- You and your husband have been making payments out of community income so you too have invested in the house.

Once sole property is mixed with community property it all usually converts to community property.

Again, talk to an attorney and put a stop to the sale. Or make sure that when the house sells you get your share of the sales price. If you MIL needs the proceeds from the sale to cover the new house, then the new house may not come to be for your husband.

babytolove,

If your MIL is not on the title, she doesn't own the house or any interest in it. She cannot sell it.

Don't worry about it.

If any real-estate people show up - under the misconception that they can sell the house, explain the situation to them and I'm sure they will go away.

If your MIL has keys to the house (or can get them from your WH), you might consider changing the locks. I don't know your situation and whether that would be appropriate. Your H is on the title and it is just as much his house as yours so it is probably innapropriate to change the locks. Still, you might request that your MIL return any keys which she has.

-AD

Can I still request that I get to keep the house in the divorce settlement or has any chance of that gone out the window?

I agree with the other posters about your MiL not being able to sell your house.

As far as getting the house as part of the divorce settlement, you need to talk to an attorney.

There are a couple of ways to handle this in our state:

1. One spouse quit-claims the house to the other in exchange for other assets of equal value. Essentially, the one who wants to keep the house buys the other one out.

2. The parent who has primary physical custody of the children retains the right to live in the house until the youngest child reaches majority or until the PPC parent remarries, perhaps with the non-PPC parent's half of the house payment being figured as part of the child support. An option could be included that after the children are raised, either party could have 1st option on buying the other out; or, the house could be sold, and the proceeds split evenly, taking into account any improvements paid for by either party.

At any rate, you do need to get an attorney to protect your interests and those of your children.

LC

Baby,
Talk to an attorney. Protect your interests. Has H yet been served papers.

The way Lady Clueless stated it is about the same where I live. Do not sign anything with regards to the house that H or MIL present to you without your attorney looking it over.

BTW, in my book 20 min. is not that far away to live from someone else, especially In laws. That is a typical drive in my area.

She just wants you to think that she can sell the house.

Talk to your attorney. You are paying him/her to look out for your interests.