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My stepmother and I inherited a house, split 50/50, do we split all that is in the house? Like Appliances?

Family Law Discussion Forum

My stepmother and I inherited a house, split 50/50, do we split all that is in the house? Like Appliances?

Postby francisco » Tue Dec 13, 2011 6:03 pm

My father passed away in August. He married a woman for 6 years. By Wisconsin state law we have to split their house 50/50. She has since ended all communication with the family and I. She has left the house, of which she, my grandma, and my father lived in. The house is not worth going into probate, there is only 13,000 in equity. The mortgage was only in my father's name, so neither her or I are liable financially. To my knowledge neither her or I have taken any legal action to claim the house. We are letting the house go into foreclosure. However, my grandma still resides there. Now my stepmother is coming to take all the appliances. Can she do this legally? What is the protocol on the things within the house when you are to split the property?

Should there be any next steps that I should take?

Any help would really really really be helpful. It has been hard enough losing my father, it's really hard to deal with these stresses on top of it...
francisco
 
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Joined: Sat Apr 02, 2011 11:38 am

My stepmother and I inherited a house, split 50/50, do we split all that is in the house? Like Appliances?

Postby ealahweemah72 » Tue Dec 13, 2011 6:06 pm

I'm confused by your comments. If you have to split the house 50/50 that means you both own it and one could or should sell out to the other and continue making payments on a mortgage. So why you would not make payments and why you would want it to go into foreclosure is beyond me.
To your knowledge you haven't taken any action to claim the house? That statement sounds strange. So why didn't you take action to claim the house so you and your grandmother could still live there?

If the place is being foreclosed on and the stepmother paid for the appliances or is trying to save the appliances since you haven't paid on the mortgage then what she's doing is trying to save what was hers and her husbands. What's wrong with doing that?

Should there be any next steps you should take? Why of course, find some place for you and your grandmother to live or call the mortgage lender and ask how long of a time you have before you have to move out.
ealahweemah72
 
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Joined: Thu Mar 31, 2011 9:30 am

My stepmother and I inherited a house, split 50/50, do we split all that is in the house? Like Appliances?

Postby fionnbharr » Tue Dec 13, 2011 6:15 pm

who was the contents left to?
the house is just the house the structure so to speak...
and the contents are what is within the home and i am no real estate lawyer "wish i was" but i would think the contents would have to be separate from the house and if it isnt listed in the will then she cant just come take it...i would call the police and ask them to intervene on your grandmothers behalf or atleast until you can speak with a lawyer....i would think the appliances would be listed as contents
does it say and all contents? if so then that to me would mean 50/50 on the contents to and she cant just come in and take it if that were the case unless you agreed to it, that be would be the same as you taking it the appliances....look at your will determine whatit says exactly...if it doesnt say anything about contents then dont allow her to take them...you could remove them put them in a storage unti or something just until you speak with a lawyer..that would protect your appliances from being taken without your consent...just a thought
fionnbharr
 
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Joined: Sat Apr 02, 2011 2:10 am


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