Family dispute

[Nakisha ramsey]

Jurisdiction

Virginia

Hello,
In the passing of my mother almost a year ago she had divorced my father but the both resides in the home. They were fine with that and per the divorce agreement they would reside in the home and upon the passing of them, all the children would inherit the property. Now my father has decided to move my brothers ex wife and children in with him which is extremely bothersome. My mother stated many times that the ex daughter in law would never live in the house she paid for. She didn't state in writing that her wishes would be that of so but it was verbal. My question is , is there anything we can do as the kids to stop this from happening. Yes my mother and father lived in the same house and after 20 years of marriage divorced but still had a living arrangement together because my mother was so sick. Does my father have sole rights to the property until he passes or can we as the children intervene???

 

[justblue]

Hello,
In the passing of my mother almost a year ago she had divorced my father but the both resides in the home. They were fine with that and per the divorce agreement they would reside in the home and upon the passing of them, all the children would inherit the property. Now my father has decided to move my brothers ex wife and children in with him which is extremely bothersome. My mother stated many times that the ex daughter in law would never live in the house she paid for. She didn't state in writing that her wishes would be that of so but it was verbal. My question is , is there anything we can do as the kids to stop this from happening. Yes my mother and father lived in the same house and after 20 years of marriage divorced but still had a living arrangement together because my mother was so sick. Does my father have sole rights to the property until he passes or can we as the children intervene???

How is the home deeded? What exactly does the deed say?

From my (perhaps wrong) interpretation of your very poorly worded post, this is Dads home and he can have whomever he wants live with him.

 

[adjusterjack]

Depends on EXACTLY how the deed is written.

See:

§ 55.1-135. Joint ownership in real and personal property

Don't "think" you know what it says, get a copy from the county records.

 

[army judge]

My question is , is there anything we can do as the kids to stop this from happening.

No.

Why?

You have no legal standing to do anything about what your father does with his home.

When he dies, perhaps, if things are as you recited; then you'll have standing.

Until his demise, ALL of you lack standing.

What CAN you do today?

Nothing.

 

[zddoodah]

Out of curiosity, why did you post this on a board relating to life estates?

In the passing of my mother almost a year ago she had divorced my father but the both resides in the home.

I think what you're saying is the following:

On some unstated date prior to 2022, your parents divorced but continued to reside in the marital home (which I assume was and still is titled in both of their names). Then, in early 2022, your mother died. Correct?

Did your mother have a will? If so, what did it say with respect to her interest in the marital home? Was her estate probated?

per the divorce agreement they would reside in the home and upon the passing of them, all the children would inherit the property.

Were either or both of your parents' wills created or changed to reflect this agreement?

my father has decided to move my brothers ex wife and children in with him which is extremely bothersome.

Bothersome to whom? To you? Anyone else? And why is it bothersome?

My mother stated many times that the ex daughter in law would never live in the house she paid for. . . . it was verbal.

Then it's meaningless that she said this.

is there anything we can do as the kids to stop this from happening.

No. It's none of your business.

Does my father have sole rights to the property until he passes

Probably, but it would be impossible to be certain without reading the current deed to the property, their divorce decree, your mother's will (if she had one), and any relevant orders issued by the probate court (if her estate was probated).