My brother gave me 50k to put down on a new home for me and my kids. My wife's mom at the time took the money and put the house in her name. We lived there for 1 year and my wife divorced me and had me thrown out. She is now selling the house whitch is in her mother's name. I feel like it was one big set up and now I am left with nothing. I want my 50k back. Is this possible? It's just not fair and truly cruel. Their is no proof of me giving her mother the 50k but I am more then willing to take a lie detector test to prove it.
How awful. Your situation is a lesson in "What Not to Do," which I guess you know by now. If you ever buy a house again, keep it in your name and certainly don't let your mother-in-law or anyone else take the money.
Had you had an attorney for your divorce the divorce would not have gone through without dealing with this situation, because you had marital property that should have been divided before letting the divorce decree be entered. Go see a lawyer now, but I'm not sure what he or she can do for you at the moment.... maybe a case against your mother-in-law? Good luck to you.
I have a private practice in Malvern, PA, and I welcome new clients. Contact me privately for further information. My answer to your question is not to be considered legal advice, just general information based on my knowledge and experience, and the fact that I answered your question does not create a lawyer-client relationship between us. That would have to commence more formally. Further information is at my website www.RabinLawOffices.com.
It seems to me that perhaps the home was not taken into account during your divorce because it was in the Mom's name? I agree with Rochelle re: potential claims against the mother-in-law, including for fraud and unjust enrichment. You may have a problem with the statute of limitations for such claims, which is generally two (2) years from when you discovered or should have discovered the harm, if this happened long ago. There has to be some proof of the 50k somewhere; a bank statement, for example, or witness(es). In any event, you should meet with an experienced real estate litigation attorney ASAP to review your options. If you have a viable claim and a lawsuit is filed, you may be able to file a "lis pendens" to stop the sale, so time is of the essence.
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