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Hi - I am enquiring about an issue should there be a split of my son and daughter-in-law. The predicament is that we have bought a family home together. I paid an 800,000 deposit and my son and daughter in law borrowed 800,00. The house with legals was 1.6 million. The house deeds are 50% in my name and the other 50% in my son and his wife's name. I was also asked by the bank to be on their loan as they would have difficulty funding it. So I pay one third of the mortgage even though I paid the 800,000 deposit. My daughter-in-law is saying that if she and my son break up that she will get to stay in the house, we will still have to pay the mortgage and she will get the children and my son will have to move out and rent. There are two children in the marriage - one 3 and one almost 2. The question is if they split up surely the family lawcourt wouldn't award that she could stay in that home which houses myself as well and of which I am a half share owner. I am hoping that as long as my daughter in law and the children have satisfactory accommodation and is assisted financially by my son that we should all be able to sell the house or move out and rent elsewhere. I cannot see that the family law court would see others displaced while she has a much more than required home. Could you give me some advice on whether I would have to give up my half of the house to her and displace my own son and myself. - regards *****: What steps have you taken? Have you filed any papers in family court?… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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