My mother in law left her marital home 2 years ago. She couldn’t take the emotional and verbal abuse anymore after 35 years.
She is on the title along with my FIL. The house was purchased in 2001. She was the only one working since he is on disability.
Can he claim she abandoned the house and take it her interest ? What can she do to protect herself ? We’ve heard rumblings of him wanting to sell it.
Thank you
No, the wife is still entitled to half of the equity in the marital residence.
To protect herself, the wife should file an equitable distribution action in court. That way, the distribution of all the marital property, including the equity in the home, can be addressed in a court order enforceable by contempt of court.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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