In 2000 my wife at the time, and i, moved into a mobile home on her sister and our brother-in-laws property. My Wife bought the mobile home! We lived there for 3 years when she decided to divorce me, as i was trying to get on disability. When the divorce was final, She moved out. I stayed in the trailer for 12 more years. Now all of a sudden she wants to sell the mobile home. If that transaction is made, am i legally within my rights to demand half the money?
Community Property
- Thread Starter popsi1191
- Start date
army judge
Super Moderator
Popsi, you have a problem, my friend.
There are nine TRUE community property states in the USA.
Those nine states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Alaska is an opt-in community property state that gives both parties the option to make their property community property.
You see, my new friend Popsi, Mississippi is not among those nine community property states.
Mississippi, as I mentioned, is not on this list of community property states.
In those states without community property laws, the property acquired during the marriage is divided equitably between the divorcing spouses.
Equitably doesn't equate with equally.
An equitable distribution doesn't mean that each spouse will receive an equal share, they could receive some share, an equal share, or no share at all.
In some cases in those non-community property states (ie...your Mississippi), the judge presiding over your divorce may order a spouse to transfer separate property to the other spouse to make the divorce settlement fair for both of them.
In other cases, no such order is issued.
So, after all that blabbing, Popsi, we get to you.
From what you say, no such distribution (equal or equitable was ordered), insofar as your divorce is concerned.
One could infer the legal conclusion that you were simply allowed to live in the home for the last decade out of kindness.
Fast forward to 2015, and your former spouse now seeks to have you removed from HER home.
You can demand it all, demand half, it won't matter.
She is legally entitled to ALL of the profits she can muster.
You have no legal claim to any of HER money, sorry.
Here you go, some reading for you on the subject:
http://divorce.lovetoknow.com/List_Community_Property_States
There are nine TRUE community property states in the USA.
Those nine states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Alaska is an opt-in community property state that gives both parties the option to make their property community property.
You see, my new friend Popsi, Mississippi is not among those nine community property states.
Mississippi, as I mentioned, is not on this list of community property states.
In those states without community property laws, the property acquired during the marriage is divided equitably between the divorcing spouses.
Equitably doesn't equate with equally.
An equitable distribution doesn't mean that each spouse will receive an equal share, they could receive some share, an equal share, or no share at all.
In some cases in those non-community property states (ie...your Mississippi), the judge presiding over your divorce may order a spouse to transfer separate property to the other spouse to make the divorce settlement fair for both of them.
In other cases, no such order is issued.
So, after all that blabbing, Popsi, we get to you.
From what you say, no such distribution (equal or equitable was ordered), insofar as your divorce is concerned.
One could infer the legal conclusion that you were simply allowed to live in the home for the last decade out of kindness.
Fast forward to 2015, and your former spouse now seeks to have you removed from HER home.
You can demand it all, demand half, it won't matter.
She is legally entitled to ALL of the profits she can muster.
You have no legal claim to any of HER money, sorry.
Here you go, some reading for you on the subject:
http://divorce.lovetoknow.com/List_Community_Property_States
disagreeable
Well-Known Member
Actually his problem is slightly different. The home was either attached to the property and its title cancelled or the trailer is titled. If it is titled in her name, its value is the value of a 15 year old trailer, less the costs involved in replacing all the tires, disconnecting all the utilities and hauling it to a trailer park, off her families property. In the case of the latter, you can also expect the court to award her credit for all the yearly taxes she paid on it while you lived there for free.
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