I(resident of California) am currently going through divorce proceedings with my husband but I also have a situation to deal with his mom (living in Florida) and need help.
My husband and I bought a house when we were married and my husband had convinced me at that time that it would be a good idea to have the house on his mom's name because of his credit. I trusted him, I have given $120k check to her in June 2013.
As of now, I have the copy of the check I have written for my partner's mom. There are no other documents that were signed but I have proof that the house is been brought on her name few months later. Both my partner and I have lived in the same house for a while but now that we have filed for a divorce, and my divorce case has been stretched and not resolving. Is it advisable to file a separate financial litigation to get my money back from my husband's mom. Can you help me find the best way to make this happen since we both are in different states?
Given its going to be 4 years in June 2017 for the money been given, how soon should I start with the process and what is the best approach for me so that I don't lose that money.
Husband? Partner? What state is the house in?
You need a human attorney, not Avvo
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
If the house in question were in California, you could do one of two things:
1) You could ask the court to join his mother to your divorce action and deal with the house money in Family Court (if the court allowed you to); or
2) File a complaint for partition, seeking to sell the house and divide the proceeds.
If the house in question is in Florida, though, you'll have to find a civil attorney in Florida and ask them if they have a partition-type of action under Florida laws.
I'm glad that you have a copy of your check!
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
You really need legal help. The property way to get this done is to get a joinder on the house and your ex's mom and then seek reimbursement from the sale of the assets.
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