Legal Question in Real Estate Law in New Hampshire
In May 2009, I asked a question regarding transfer of real property by family to my son and his wife. In July 2009, the family transferred to both son and wife as joint tenants. In August 2009, she filed for divorce, which is still ongoing. Question - Should family have sued immediately to get property back (obviously it was obtained under false pretenses by daughter-in-law), and would it have worked in family's favor to retain ownership? It was an 11 acre parcel divided from a 250 acre piece which had been in my husband's family for generations. Come to find out, she had retained an attorney for divorce back in March of 2009, but kept it quiet.
1 Answer from Attorneys
Yes, it would be easier if the transfer had not happened. However, divorce is granted in a court of equity. They will look at what is fair and reasonable. Is the wife making a claim for the house? If so, is it for equal ownership? These are highly sensitive issues which need to be reviewed carefully with an attorney before they get out of control.
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