Quote:
Originally Posted by ossiblue
Given the above, consultation with an attorney should be done, asap.
As a lay person, I see a potential claim by X when Y bought out the siblings' interest in the primary house, during the marriage. That establishes acquisition of an asset, at least a portion of an asset, during the marriage and that portion should be community property. Still, that does not give X any right to live in the house or claim to title, it only gives X claim to a portion of its value, which X can demand from the trust.
Time to lawyer up.
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The new 'facts' vary substantially from the original scenario. I concur with this analysis. Y's asset initially and possibly separate property IF it were kept separate during the marriage. However, when his salary was used during marriage to acquire the entirety of the asset the separate(ness) of the asset may be lost OR at least potentially a portion of it.
Dang, this is the kind of question you would get on the bar exam. Sadistic SOBs that write those test.
The thing about the pension is a red herring and likely has nothing to do with the house issue.
Just my issue spotting and certainly not intended or offered as legal advice.
I suspect this will not be easy or cheap but will certainly require legal expertise.