Legal Question in Family Law in Pennsylvania

My husband and I have been married 3 yrs and now want out All our propertys deeds and mortgages are in his daughters name only but last year our house burned down and we got a very lg contents insurance ck which came in his and his daughters names she kept the ck and wouldnt give it to us and now that were ending things can I get my half of the ck since it was mine and my husbands stuff only The insurance was in his and his daughters names but it was my things Will I get my money for that? Would I sue her for that or do I have that put in the divorce agreement?

And she is going to fight ,me on it so can I sue her for lawyer fees if it goes to court and cost a fortune?


Asked on 6/11/10, 6:09 pm

3 Answers from Attorneys

SAUL SEGAN SAUL H SEGAN ATTY AT LAW

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Answered on 6/12/10, 4:22 am
John Davidson Law Office of John A. Davidson

If your husband purchased any of the real estate while you were married you have an interest in that property. He can't sell it or mortgage it without your written permission, Nor can his daughter.

If you have any questions feel free to contact me. The initial consultation is free,

{John}

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Answered on 6/12/10, 4:47 am

The question is not how long your were married but WHEN you acquired the home. Was it before or during marriage? The problem is that if it was during marriage, you have a problem because the house was in the daughter's name, not your husband's. You will have to convince the court that this was really your husband's home or at least half and that you can share in your husband's share.

Regarding the insurance check, the innsurance on the home itself is yours only to the extent you are entitled to a share in the structure and to the extent that you can trace the funds to the daughter. You will have to read the policy to see what it says about compensating for the furniture and other possessions that were stored there.

You are definitely going to need a family law attorney on this one if you have any hopes of recovering a portion of this money. You can ask for counseel fees from your husband during the divorce litigation, but its up to the court to decide whether you will get any. It depends on your financial need and your husband's ability to pay. As for the daughter, the rule is that each party pays his or her own counsel fees UNLESS authorized by a statute, rule of court or an agreement of the parties. I cannot think of any applicable bases that would allow you to recover attorney fees from the daughter at this time. Howeever, you should discuss this with your attorney as there might be something which would obligate her to pay.

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Answered on 6/14/10, 6:38 am


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