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jcg72982

Does my mom still have rights to her house, if she was kicked out?

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My mom and sister (handicap) were kicked out of the house 8 years ago by my dad. My mom is still under the house deed. My dad left in July 2008 but then returned a week later to tell my mom to get out including my little sister. The reason she left was because she was afraid of him and what had just happened prior to him leaving the first time. My dad has had three heart attacks already and he has a nephew who thinks that after he passes away, he can take over the house. My mom wants to know if this is true? Or does she let my dad live in peace and then fight for her house afterward.

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My mom and sister (handicap) were kicked out of the house 8 years ago by my dad.

 

It's not legally possible for a person to "kick out" his or her spouse, so I assume that means nothing more than that he asked them (or demanded or whatever) to leave and they did so.

 

 

 

My dad . . . has a nephew who thinks that after he passes away, he can take over the house.

 

Have you talked with your cousin about this?  You might want to ask him on what legal basis he thinks he'll be about to "take over the house."

 

 

 

My mom wants to know if this is true? Or does she let my dad live in peace and then fight for her house afterward.

 

Of course it's not true.  According to you, both of your parents are on the title of the house, and nothing about her moving out eight years ago changes that.  Of course, we don't know how they hold title jointly, but it's probably either as community property or as joint tenants.  If so, that means she will own 100% of the when your father dies, and there won't be any need to "fight for her house."  Of course, it's not clear to me why your mother hasn't divorced your father, which would take care of this issue.

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