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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-21-2009, 12:10 PM
fiesti fiesti is offline
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Question Advise for a friend

Hello all. I personally am not going through separation but my best friend is...i will try to keep this brief but provide enough detail for a basic answer from someone. The home they lived together with their children was left to her in a will when her father passed away, they lived in the home prior to his passing away as he was in long term health care facility. Anyways, just after Christmas, she left, and left him with the kids but she does she them an average of 2-3 days a week, be it to take them to dinner or whatever....my question..she left him in the house with the kids but she was the sole beneficiary of the home in the estate...can he claim abandoment and take the house? If so, after how long would this be applicable? Please bear with me if I am not giving enough info. I have looked around the site but I feel buried in information and details that I dont' understand.
Any help would be appreciated.
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Old 01-21-2009, 08:19 PM
standing on the sidelines standing on the sidelines is offline
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first I think that more facts are needed. Were she and her partner married? Why did she leave the house and the kids?
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Old 01-22-2009, 12:09 AM
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dadtotheend dadtotheend is offline
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Whose name(s) is(are) the home in?
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Old 01-22-2009, 12:11 AM
FreeNow FreeNow is offline
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Your friend has made a very bad move in moving out of the matrimonial home and leaving the children.
Tell her to either move back in or take the kids with her.
The value of the matrimonial home will probably be split, unless it was common law.

FN
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Old 01-22-2009, 12:22 AM
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dadtotheend dadtotheend is offline
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Quote:
Originally Posted by FreeNow View Post
Your friend has made a very bad move in moving out of the matrimonial home and leaving the children.
Tell her to either move back in or take the kids with her.
FN
Agreed, leaving without the kids is cardinal sin number one in family law.

The only way she could take the kids with her now is if he allows it. If she tries and he goes to court to stop it, she's got very little chance of taking the kids with her.

Last edited by dadtotheend; 01-22-2009 at 12:28 AM.
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Old 01-22-2009, 07:45 AM
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I agree with dadtotheend.
He can apply for possession of the home and interim custody and CS until this has an opportunity to be heard. If they were married he has a right to the home since it essentially is now the matrimonial home. Even in a CL situation he could request the same possession for the sake of the children.

At the time that the courts do an asset assessment for splitting they would then look at the home and the particulars and split things accordingly.
I understand that when money is gained via a will etc, it can be excluded even if said money was used for the purchase of a home.
In this case the home was the gift, so I'm not sure how the courts will handle it.
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