Can He Take My Family Home?

There is no domestic law statute or domestic caselaw precedent under which a spouse is entitled to any share of a home owned by a third party. There is nothing in the facts you’ve presented which would indicate that he has any ownership interest in the house at all, present or future.

David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My husband of almost 12 years had an affair and has left me and our two children for her. For the past 2 years we have lived rent free in a home that my grandparents built in 1959. My grandfather passed away and the home is still in my grandmother’s name. When she passes away the home will be willed to my mother. All improvements to the house have been paid for by my grandmother. My husband says there is a precedent that states he can take 1/2 the house. Is there really such a precedent or is he just trying to intimidate me?