My mom wants a divorce she is 67 and dad is 73 She recently moved out of the house because of it getting impossible to live in She had a lung diease and the old wood stove dad put in was starting to cause her a lot of problems along with mold and mildew from rain dripping in trailer My dad would not let my mom put another home on the land they own together so she left went to town got an apartment. The land they live on together throught the marriage was land that my dad inherited but was not divided up until 10 15 years ago and when it was put in my dads name somehow my grandparents made it where the wifes names was also on the deed so the land is 5 acreas and in my moms and dads name and my mom is wanted to know if she will get her half as she wants to give me a 1/2 acrea to put a new home on so I can take care of her in her old age and being sick too. I already live here in my broken down trailer for 10 years now. But my dad does not want mom to have anything and is the stingy type and would not support her during marriage. But comes over and tries to live off of her now and she wants him to leave her alone and wants a divorce but she is worried that if she does divorce him that then she looses her part of the land. By the way he also inhearited land from a brother that died 4 years ago and dad sold the land got 450,000.00 and would not share any of the money with her. Like I said he is stingy. can you answer the question about the land mom knows she wont get money even thought she needs support but both get social security. but he gets more than her she can barly live on the amount.
If the land was gifted to both of your parents, it is marital property and you mother is entitled to 50% of all marital property. The land can be partitioned into different parcels, sold, or your father can be forced to buy your mother out by giving her cash equivalent to one half of the equity in the land. (value less any mortgage or debt owed.) If your mother is awarded land by the court it will become her sole and separate property to do with whatever she chooses.
The land your father inherited from his brother is his separate property, and likewise, so is the money generated from the sale. Your mother is not entitled to any of that money.