How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
15277592
Type Your Legal Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I just got served with divorce papers. I don't disagree with

Customer Question

I just got served with divorce papers. I don't disagree with the divorce i do disagree with the house issue
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good evening Robert,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

In that case, then you would want to file an Answer to the suit for Divorce and make your own proposal as to what the court should order as regards ***** ***** house.

Keep in mind that most aspects of the distribution of marital assets are set out on the original pleadings based on what each party wants and during the course of the divorce process there is negotiation and an equitable solution is generally reached. Rarely do these issues have to go to a trial. But you do need to file an Answer to the lawsuit to protect your right to participate in the divorce proceeding.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Hi,

Do you have a follow up on the procedure to follow to dispute the suggested division of the house?

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Customer: replied 1 year ago.
my wifes mother and father got the financing for our home. It was a previously flooded home and was purchashed for 40,000 dollars. and additional 12, 500 was borrowed for repair and replenishing the home. I did all the work myself in 45 days, so we moved in. the house is worth approx 180,000 dollars today. we have no written proof that the house would have been ours in 15 years. we have been making payments about 10 years for the house. I recently put a 8000.00 dollar roof on the house, have done all the maintance for the duration of the occupancy of the home. In my divorce papers i am to leave the home in oct 31. The parents listed the home as a month to month rent to me so im am out the money and time that i have inver\sted in the house can i do anything?
Expert:  LawTalk replied 1 year ago.

Good afternoon Robert,

I'm very sorry that you find yourself in this position.

While my goal, as I stated, is to provide you with excellent service, please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Under the laws of MN, any contract for the sale of real property MUST be in writing---which you say that you do not have. I presume that the title to the home is not in your name, or that of your wife either. This is problematic.

Oral agreements or promised made by your in-laws regarding any future ownership right you might have in the property is not enforceable under the law. You have nothing to enforce in terms of forcing them to transfer the deed to the property to you and/or your wife, and I am sorry but because of the multiple mistakes that you and your wife made in failing to get anything in writing, or in having your names on the deed----there is no opportunity for you to claim any legal interest in either the property itself or the equity in the property---regardless of the time, money and effort you may have put in to making the wreck of a building a livable home.

But that does not mean that there is no legal remedy available to you. There is one, but it is a difficult road to get there. Let me explain.

While you have no legal basis to claim the home or the equity in the home, you do have a chance to perhaps recoup some of the money that you personally put into the property based on the Equitable, Legal Theory of Unjust Enrichment. You would have to sue your wife's parents personally in a form of Breach of Contract lawsuit and seek equitable relief to the extent that they made a promise which induced you to put money into the property and they have therefore become unjustifiably enriched by no choosing to go back on that agreement.

You are almost certainly NOT going to win this case on your own and you really need to consider retaining an attorney to handle both the divorce action as well as the lawsuit against the in-laws. It may be possible to have the contract action against the in-laws joined with the divorce suit itself because the contract action effects marital assets that you and your wife will need to divide in the divorce process That is the only real chance that you have to get anything back out of this debacle.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug