In-Laws

North Carolina Divorce Law Divorce and Separation Answers
1

If your mother in law did something to actively alienate your Husband’s affections from you, then you may be able to sue her for alienation of affection. If she was rude and disrespectful to you that is certainly not acceptable, but it may not have alienated your spouse’s affections from you.

If all of your names are on the deed you may have to share the equity in the house with her, unless you had some other agreement regarding the division of the equity.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My questions is regarding in-laws and AOA. My mother in law lived with us for almost 8 years prior to moving to NC 2 years ago. During the 8 years everything was fine, she had an in-law apt attached onto our home, own door etc, so I never saw her.

Unfortunately her name is on the deed to our home, for no other reason that she paid for the inlaw apt to be built. (70,000.00) We paid cash for our home.

Throughout the building process she lived in the main home with me/us. Well as fate would have it, things have gone sour as a lemon. I do not speak to her, nor even look at her when she comes and goes… (due to her verbially abusive actions toward myself and my children and the physical abuse (kicking) of my dog) She apologized to me for her actions. Her behavior was the catalyst in our downfall…Which she now admits to. However I am at the point of no return.

My relationship with the boy I am married to has changed too. He will not, ask his mother to leave. Nor did he even address the abusive actions of his mother… stating “she never meant anything by it”…Things went sour BEFORE the apt was built, so there was ample time for her to spend this money on a condo, etc.

Since she her name is on the deed, when we sell… I assume she will get 1/3. is that true?

Because this divorce is based on his decision to put his mother’s needs before mine, can I sue her for AOA? She will not leave on her own, nor will my husband ask her to. She excessive funds available to move on her own, I do not.