My wife soon to be my ex will get her father’s farm that we have been farming for 17 years.

Aug 8, 2012 by

Question: 

My wife soon to be my ex will get her father’s farm that we have been farming for 17 years. She said it will be all hers after her dad dies, then selling it and taking all monies from sale. She wants to wait for divorce after her father dies. We’ve been married 22 years, I hope i am entitled to half sale of the land?

State: 
Montana

Answer: 

Montana is an equitable property state where assets are not split equally down the middle in a divorce. Equitable division states allocate assets according to what is fair and equitable – but not necessarily equal. This could work for or against you depending on what the court deems “fair” in your particular case. It is probably good to wait until after your wife inherits the farm to get the divorce, it allows more time to establish the fact that you have been contributing to it’s ongoing upkeep and maintenance. Now that your wife has “announced” her intentions, perhaps you should start getting a game plan together. If you can afford to consult, not hire, an attorney to see what your best course of action should be, now might be a good time to do that. In any case, it does not sound like you will be facing a simple, uncontested divorce. More likely the opposite. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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