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  1. #1

    Default Quitclaim of Family Home Husband and Wife - She Wants Divorce and Half of House

    My question involves divorce in the State of: Indiana
    Family home over 40 years. My dad died in'97- I took mortgage on house- my name put on deed with my mom- mostly for home improvements. Brother, wife & 3 kids lived there 20 years. Mom died May 2009. I owned home as rental property for them to stay there and claimed on my taxes until I got home equity loan on my current home I live with my husband and kids- used equity to pay off mortgage on family home and July 2010 quit-claim deed house to my brother as gift- no monies exchanged. His wife was also put on deed and now walked out- they have filed in court no division of property- joint custody and no support- suddenly she is angry and wants custody, support and half the value of MY family home. They are to see a mediator in two more days and she is now making threats. They drew up and filed their own divorce papers. Neither of them has money for attorneys- my brother works for cash and she works when she feels like it. Is she legally entitled to this house?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Quit-Claim Deede Family Home to Brother and Wife- She Wants Divorce and Half of H

    If I followed the convoluted chain of title here, she owns half of it now (not certain what happened to mom's interest when she died, did you have survivorship rights or did you receive it in probate?). Deeds aren't some sort of membership in a club. Each one conveys a certain ownership interest transfer.

    Now when it comes to the divorce, it would appear that both gave equal contribution to the property that was acquired while they were married. Hence it becomes a marital asset subject to equitable division. It might be another story if he inherited it outright rather than having the thing gifted. Family history doesn't mean much.

  3. #3

    Default Re: Quit-Claim Deede Family Home to Brother and Wife- She Wants Divorce and Half of H

    Thanks... not exactly what I wanted hear! Yes... when mom died the title/deed was then only transferred out of name once I decided to sign the house over to him last year. Also... three kids- boy is 18, about to graduate. Wants to remain with his dad in this home. Daughter of 14 moved out with her mom- they are sleeping on the couch in a tiny 2BR apt. and this friend has 2 boys of here own living there. No prospects of a stable home for her at this time. Throw in a 3 year old that is now being used as leverage to make threats against him- yet my brother has her the majority of time when not working. He agreed to joint custody to keep the peace- but she wants the glory without keeping the young one most of the time- I get her many weekends myself. Again, she already took a parenting class and he is at his tonite- mediation on Thursday... Any advice for him?
    Thanks so much!

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