LOCATION : Alabama (USA)
Hi! Im looking for some legal advice on who might have claim over marital property during a divorce.
Background : My Husband and I (female) have been married around 7 years now. We have two kids togther, and one i had from a pervious relationship. (The previous childs father has no rights and has jumped off the edge of the earth as far as I know.)
Situation : My Husband's father passed away about 2 years ago. He left a Will and Testament, which states that my Husband is the beneficiary to all of his assest, which included his trailer and the land it sits on. We were married well before his father passed, before the Will was written, and are still married to this day. (We have never gotten a divorce, but at one point we did split up. However, that split came after the Will had been made and we were back together before his father passed. Im not sure if any of that matters or not, just want to try and add full context just incase.)
Once my Husband and I got back together, we paid off the trailer we were living it together. Once his father passed away, we sold our trailer and used that money to remodel the one his father Willed to him. Then we moved in to that home and have lived in it since. We have never moved, or lived anywhere else for any amount of time.
Currently, the Will is still in limbo. The lawyer handling it has not finalized anything. Im not sure exactly how all of it works, but what I do know is that, the lawyer has only collected all information from us needed to gather all the things together and has simply stopped and sat on the case ever since. Last year was our last meeting with the lawyer (to my knowledge) and have we not heard back since with any updates that I know of.
Having said that, I can NOT guarantee ANYHING im about to say, but it is worth noting my speculations. I believe my Husband has had meetings with the lawyer on a couple of occasions without my knowledge and discussed things I do not know about. So, there may be information I am lacking and do not know of. I feel this way do to certain behaviors my husband exhibited and things he had said and done, coupled with the fact that it has taken over 2 years to Read the Will and settle the case. It seems odd to me. None-the-less, I cannot prove anything at all.
He has made hints to the possibility of a family member of his, who has been heavily involved in this situation since the start, potentially "taking things over." By that, I mean this :
We had discussed why it was taking so long to finalize the Will and how it was odd. He tends to get dismissive and frustrated when I bring it up, but on this occasion he got mad and said something along the lines of, "I dont know why its taking so long. Unless (family member) decided to take control of everything so it would be in their name." To which i said, "They cant do that unless you signed something giving them claim over the property, or the will, or something like that." He responded with, "Well, I just signed whatever they told me to. I dont know what all I signed."
As you can see, this made me question things. But, again, I cannot prove this or that. I do not know if he signed anything of the sort, or if its even legally an option for him to have done that in any way.
What I do know is that the Will is certainly not finalized. I have no documentation proving that we sold our marital home to invest in the Willed property, as all of that was given to the lawyer. I do not have the receipts showing what was purchased for the renovations done to the Willed propert, as, again, all of that was given to the lawyer. I have a firm understanding that my Husband will aboslutaly try to legally fight me to keep the home if I file for Divorce. (He told me this during an argument one day.) He has family (the family member mentioned) who will and can help him fight me legally.
My question is, With all of the information above, What is the likely hood that I could be granted temporary living rights to the home until I can find other arrangements?
I understand the odds of being given the home in the divorce are almost none due to the cercumstance. I understand that since the Will is still in limbo, I do not have any claim over keeping the property, and not even sure if my husband fully does at the moment either. I understand that without proof of the money invested in the home I most likely cannot even ask to be "bought out" of my half. But, Im clinging to the hope that there's a chance I can just be granted the ability to stay here with the kids on a temporary basis, while my husband moves out (to rent or what have you), until I can find suitable living arrangements for me and the kids.
If there's one thing im certain on, it'll be that he won't fight me much for custody rights. He doesnt want to. His only concerns are the home and not having to pay child support.
Any added advice is greatly welcomed! Thank you, and sorry for the long post!