My 82 year old Mother-in-Law is about to be kicked out of her house.

[She1141]

My jurisdiction is: Geogia

My Mother-in-Law is 82 and has been married to a man for 27 years. He just had a stroke. She is also in bad health and cannot take care of him. His children have stepped in. They tell her that she needs to sign divorce papers and get out of the house. They plan to put her husband in a nursing home with his former wife (their mother). She did not sign any kind of prenupt. What are her legal rights? She needs to live in the house, it is paid for. He always said she would be able to live there as long as she lived at least.

 

[dee_dub]

Your mother-in-law has the right not to sign divorce papers.

If the home was purchased during the marriage, it might be marital property and she would have the right to live in it; he (or his kids on his behalf) couldn't kick her out.

Theoretically the kids could seek committeeship or the Georgia equivalent, or guardian ad litem status, and commence divorce proceedings on behalf of the incapacitated dad. I suspect it would be difficult for them.

My two cents CDN (1.5 cents US): This is a difficult situation. Someone is going to have to care for the dad, and it sounds like your mother-in-law can't do it. Thankfully the kids are stepping in. If your mother-in-law is willing to allow them to care for the dad, it would be gracious of her to allow them some say in his personal affairs, but what they're doing is heavy-handed and offensive.

 

[jacksgal]

Was there already talk of Divorce? Why was Divorce put up as option?

 

[She1141]

No, there was no talk of divorce. They are both old and sickly. I suspect that they are trying to get what money that they can from him.

 

[jacksgal]

If the parties do not want to Divorce I dont see it happening