West Bend, WI asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin

Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell the 1st house and divide the money by 5 and to not count me. My husband and me refused. They then said for us to keep the money in exchange he must remove his name on the 2nd house so that they can divide the money of the 2nd house for the 4 of them, as well as to give some money for their friend's house that had been sold in foreclosure and they try to do the foreclosure redemption. I told my husband He must not remove his name. But due to the stress and the collective bullies, the probability for him to remove his name is high. As his wife, even if my name is not on both houses, do i have a say, what are my rights ?

1 Lawyer Answer
James L. Arrasmith
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  • Domestic Violence Lawyer
  • Sacramento, CA

A: As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that you have a legal interest in them, even if your name is not on the title.

2. Community property: If you live in a community property state (such as California, Arizona, or Texas), any property acquired during the marriage is typically considered jointly owned by both spouses, regardless of whose name is on the title.

3. Spousal consent: In some states, a spouse's consent may be required to sell or transfer marital property, even if their name is not on the title.

4. Legal advice: Consult with a local family law attorney who can provide guidance specific to your situation and the laws in your area. They can help protect your rights and interests.

5. Communication: Discuss your concerns openly with your husband and emphasize the importance of making decisions together as a couple. Encourage him to stand firm against any bullying or pressure from family members.

6. Mediation: If the situation escalates, consider suggesting family mediation to resolve the issues with a neutral third party's help.

Remember, you have a right to advocate for your interests in the marriage, and your husband should prioritize your joint well-being. Seeking legal advice can help you understand your options and make informed decisions to protect your financial future together.

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