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New Vineyard, Maine, My wifes Son-n-law, allowed me to build

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New Vineyard, Maine, My wifes Son-n-law, allowed me to build our house on his property, I build it for 3 years 2010-2013, I finally got it in shape this year to move in, we move all our stuff into the new home and in less than 10days my wife severed me divorce papers, and her son-n-law threw me off the property,
I have no written contract or agreement, all my stuff is still in the house and I'm not allowed there to get it, the only things I can prove, is I purchased every thing to build and funish the house via receipts, and a few people who help me build it.
I just found out, that even the Building permit I aplied for was allowed under his name and not mine, I help an eletric bill there for about one year, I had propane delivered under my name
This is a non foundation home, it sits on petastals,
My question is, Do i lose my 20 thousdand investment, or is it possible to have the "house claimed as marrital property and fight for half except for the land, which is owned by the Son-n-law??/?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Sorry for your situation.

Maine is an "equitable distribution" sate - which means that property is divided "equitably".

Equitable distribution is more common than community property laws and instead of requiring a 50/50 split of marital property; it takes into account the financial situation of each spouse. While equitable distribution is more flexible, it is also harder to forecast the outcome, since there are so many factors taken into consideration during settlement negotiations.

There is "separate" property and "marital" property.


Separate Property - the property that each spouse brings into the marriage, that is, the property that s/he owned before the marriage, is considered to be "separate" or "non-marital" property. For the property to remain separate, the spouse must keep it apart from marital or community property; that is, s/he would keep it entirely in his/her name. Once the separate property has been commingled (mixed) with marital or community property, it becomes part of the marital property.

Separate property is rather limited in scope. Generally speaking, separate property only includes:

• Property that was owned by either spouse prior to the marriage
• An inheritance received by the husband or wife (either before or after the marriage)
• A gift received by the husband or wife from a third party (your mother gave you her diamond ring)
• Payment received for the pain and suffering portion in a personal injury judgment
All other property that is acquired during the marriage is usually considered marital property, regardless of which spouse owns the property or how the property is titled.

Marital Property - property that is acquired by either spouse individually or the couple together during a marriage is considered marital property. The time frame "during the marriage" starts as of the day the couple marries, and generally is regarded as ending on the date that the spouses begin to live apart (or the date that the spouses intend to live apart if they are unable to physically separate).




In Equitable Jurisdiction the court must rely on Competent and Substantial Evidence as to what character (marital or separate) type of property is not merely on testimony or on speculation.

The court will first set aside non-marital assets and liabilities ("separate" assets and liabilities), such as certain of those assets and liabilities that were obtained prior to the marriage. However, certain increases in the value of assets acquired prior to marriage that occur during the marriage can be subject to Equitable Distribution.

Court will then look at a number of factors to determine whether an unequal distribution of the assets is warranted. Some of these factors are the respective contributions to the marriage by the parties, the financial circumstances of the parties, and the duration of the marriage, to name a few.

Factors considered in equitable distribution include:


The length of the marriage.
The age and physical and emotional health of the spouses.
The income or property brought to the marriage by each spouse.
The standard of living established during the marriage.
Any written agreement made by the spouses before or during the marriage concerning property distribution.
The economic situation of each spouse at the time the division of property becomes effective.
The income and earning potential of each spouse.
The contribution by each spouse to the education, training or earning power of the other spouse.
The contribution of each spouse as to the acquisition of any marital property as well as the contribution of a spouse as a homemaker.
The tax consequences to each spouse.
The present value of any marital property.
The need for the custodial parent to remain in the marital home and keep possession of household effects.
The marital debts and liabilities and the ability of each spouse to pay those debts.
Any other factors the court may feel are relevant.


That you built that house you have a marital interest at the lease and potentially the entire house is separate property.

Can you tell me where the money came from to construct the house?

Customer: replied 1 year ago.

The money cam from a settlement I was awarded for a on the job injury, which put me on disability SSDI, 3 years ago I received 72K, 1/3 when to the house and furnishing, 1/3 to vacation and new used cars, and the rest was spent over time, none of the money came from her?? I paid for every thing, and now I can't even get on the property her son-n-law chains and lock access, so he can "Shoot" any tresspassers,

Expert:  Law Pro replied 1 year ago.
Then the structure is solely your separate and sole property.

You are entitled to the structure if moveable OR it's value if unmoveable.

Would the house be able to be "moved" to another property?
Customer: replied 1 year ago.

Thank you for your time, it was a pleasure working with you, did you happen to send along the GL numbers so i can use them when i write my brief??


 


and where to i click to end this???

Expert:  Law Pro replied 1 year ago.
I'm not sure what the GL numbers are.

But it's been a pleasure working and answering your questions.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.
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Category: Real Estate Law
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