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  1. #1
    Join Date
    Sep 2016
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    Default What Happens When You Divorce if Your In-Laws Own Your Home

    During their marriage, a couple ran into financial problems, and they sold their home to the husband's parents. They continue to live in the home. Now, more than ten years later, the wife is considering divorce. If she files for divorce, will her in-laws be able to evict her from the home, or give exclusive tenancy to her husband? There is no formal rental agreement.

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Happens When You Divorce if Your In-Laws Own Your Home

    Although the wife could file for a status quo order or exclusive possession of the home when she files for divorce, the home belongs to her in-laws and no matter what temporary order she initially obtains she will ultimately have to move. The wife may want to consider the timing of her filing for divorce until she has a plan as to where she might live after filing -- especially if there are children in the home and if custody will be an issue.

    Even without a formal rental agreement in place, the in-laws could follow state procedures for terminating the tenancy, so even if she initially obtained possession of the home in her divorce she could end up being ordered to leave when her tenancy is terminated.

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