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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33732
Experience:  Attorney with 15 years experience
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My husband and i have been married for 23 years. the last 5

Customer Question

My husband and i have been married for 23 years. the last 5 years we have lived in a mobile home that was given to us by his step mother. His name is ***** ***** the title. Can he evict me? Am i entitled to have the value?
JA: Family law varies by state. What state are you in?
Customer: ca
JA: Have you talked to a laywer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: If I leave do i lose my rights
Submitted: 2 months ago.
Category: Family Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you using that mobile home as the marital home?

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Are you in the process of getting divorced?

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thanks

Barrister

Customer: replied 2 months ago.
not started divorce yet
Expert:  Barrister replied 2 months ago.

Ok, if the home was a gift from the stepmother, then that is his separate property because gifts and inheritances remain the separate property of the recipient, even if they are married. So if you were divorced, that would not be divided as gifts are not considered marital property.

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So this would legally be his personal property. But if it is the marital home, then he can't evict you from it without a court order giving him sole and exclusive possession of it.

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And to get that, someone would have to file for divorce and ask the judge to issue such an order..

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thanks

Barrister

Customer: replied 2 months ago.
If I leave do i lose my rights? what can i do?
Expert:  Barrister replied 2 months ago.

What do you mean leave? as in move out... or just leave to go somewhere and then come back?

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Are you talking about your rights to continue living there?

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thanks

Barrister

Customer: replied 2 months ago.
No i am going to leave but home is worth $30,000 am ii entitled to something? or if i leave i give that up
Expert:  Barrister replied 2 months ago.

am ii entitled to something?

Unfortunately no, not with regard to the mobile home. As I said earlier, if this was a gift to your husband, it is his separate property. That means it is his alone and is not considered a marital asset that is divided in any divorce.

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As a general rule any assets that are acquired during a marriage are marital assets that are subject to division in a divorce. However, the two exceptions are gifts and inheritances, which belong solely to the person who received them.

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So the mobile home is his personal property alone and you wouldn't have a legal claim to it since it was a gift to him.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister