What can the spouse get?


#1

My spouse and I have just separated. My spouse put a modular home on 40+ acres of my parents property, she purchased the modular and I supplied the land. The land was never surveyed out and deeded with her name on the property, it is still listed in my parents name. My spouse is trying to claim a % of the land. She has not put forth any of her money to this property. This land was passed down from my grandparents to my father. How can she claim something that is not listed in her name or mine? Can she receive any of this?

She is also trying to claim a % of investments that my parents have invested for me that they paid. I did not invest any of my own money nor hers for those investments. My parents have proof they paid for the investments. Can she receive any portion of this?

She is financially drained, she received $250,000 from her fathers death 14 yrs ago and has nothing to show for it. It was all gone within the first 5 yrs. She can only show a modular home, two cars that she no longer has and nothing else. None of it has been spent on the farm which she claims. She borrowed $15k against the paid in full modular home without my concent and it was getting ready to be forclosed and my parents had to bail her out along with maxed out credit card debt twice. Can I not use the instability of her financial choses against her in any way?

Two mobile home titles have been put in my name with lifetime rights for my grandmother and uncle. I did not pay for them nor do I receive rental income. They did this because we allowed them to be set up on our farm. She is trying to claim those homes for my grandmother and uncle. How will this play out?

She has 401K retirement plan but has borrowed it out all but $2K, can I not claim what she has drawn out and spent? Does this not also show instability?


#2

She may attempt to argue that the land should be awarded to her using a constructive trust argument. This is a difficult argument to win, and based on the facts you list I do not think such an action would be successful.
The investments your parents hold for you are not subject to division.

Her mismanagement of money can be used against her in an argument that you should be awarded a greater than 50% share of the martial estate, based on her financial waste.
The mobile homes are yours, if given to you by your family.