My question is a bit complicated. let's say my father lived in a house with his mother. She eventually became sick and passed away. She owned the house and everything is in her name. 5 years later my father remarries and his new wife moves in, they have a child, and the continue living in the house for five years. meanwhile, the house is still in his mother's (who has passed) name but he is paying the mortgage (the house is almost paid off) His new wife takes over everything, including how the bills are paid, runs up credit cards, and becomes abusive. Divorce seems imminent....but how does the house stand if it remains is his mother's name?
I believe it would play out this way: When mom died, unless there is a will that says otherwise, dad inherits all the value of the home. Once he remarries, any value the house increases while married, must be split upon divorce. For example, if the home was worth $150K when they married, and has increased to $180K since then married, he would owe her $15,000. From reading past posts, this is what occured. From what I understand, this can also vary from state to state, so you will need to speak to an attorney in your area to find out for sure.
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