Around 1980 my father-in-law divorced his first wife. He signed a divorce decree transferring ½ ownership in their house to their daughter (around 10 years old at the time) and stating that upon his death, his ½ of the house would be transferred to the daughter. The divorce decree also required him to pay his ex-wife an amount equal to half of their equity in the house at that time. A short time later, he married my mother-in-law and she moved into the house with him. Also around that time, he created a will naming my mother-in-law as the sole heir to his estate. They were married for 34 years until he recently passed away. Over that time, they used their joint income to pay the remaining mortgage, all property taxes, and maintenance costs for the house. They also had a daughter together who is mentally challenged and still resides in the house with my mother in law. Now that he has passed away, his daughter from his first marriage is claiming she has the sole right of ownership to the house. I understand that a lot of this may depend on the specific wording of the divorce decree and that we need to consult with an attorney which we will do. I’m just anxious to get some kind of opinion so can anyone tell me if my mother-in-law has any legal claim to my late father-in-law’s half of the house? Or, does she at least have a right to claim ½ of his ½ due to their 34 year marriage and the fact that they used marital income to pay mortgage, taxes and maintenance all these years?
Read more: Does Illinois marital property law supercede previous divorce decree?
