Is it true?

Question

If two people can’t come to terms through a divorce proceeding, I know a judge will decide who gets the house and who gets the kids
Let’s say the house was purchased after the marriage or year after the marriage and the house is under the husbands fathers name
Would it matter who gets the house or not wife or husband?

Answer

A judge cannot award you or your husband a home that neither of you own. If the father in law owns it and you made payments, you were tenants. Unless there’s a notarized agreement in place, etc. If the father in law intended it to be martial property, he should’ve quick deeded it to you. And in that case, it would’ve been martial property which would be sold and the proceeds split. Or, one party to buy the other out. 
I’m an attorney and while state laws vary, property that isn’t owned can’t be divided.

Answer

If the house doesn't legally belong to either person in the marriage, which it doesn't, then it won't be considered in the divorce.. A judge isn't going to take property that legally belongs to his dad into consideration at all because his dad and his dad's property has nothing to do with your divorce, unfortunately.

Answer

If the house is under the husbands father then itll be a lot harder for the wife, I’d imagine... especially if there is solid proof that the husband paid the mortgage for his dads house

Answer

Have you guys done mediation yet? They try to do that before they let judge look at everything.

Answer

Honestly, I’d imagine neither of you will get the house unless it’s completely paid off and the father has to agree to whatever terms the judge asks of it. I don’t think it will automatically go to the son/your ex or you. Most likely whoever gets the kids full time, will also get the house but being neither of you are even on the paperwork, it completely changes things. It’s not an item either of you own to fight over.. if you’re that worried, ask your attorney. We aren’t in the legal system. Everything we say is literally a guess unless someone on here practices the law. This is way too vague to give you valid advice.

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