Divorce, Trust and Probate

I had been married to my ex husband for 22 years. In the last 12 1/2 years of our marriage we have lived on an Island. His mother owns two properties/Land one which has a house. During the last 11 years of living on this island my children and I have been living in this family home. My ex moved out approx. 9 months ago. The house and properties/land are in a family Trust. Since I divorced my husband his family is telling me that I cannot get the house...even though considered marital property. I was also told that the Judge cannot force my ex husband to sell the house. I am wondering...since this home is considered marital property can the judge force my ex husband to either sell or give to me and my sons. Keep in mind, that the sisters all live in the states. They are keeping everything in the TRUST to avoid probate and to keep creditors away...and now, since our divorce happened they are trying to keep me and my sons out of the house.
Please...your opinion/advice...
Thank you. emily

If it is his separate property the judge may not be able to force that sale--but the judge can divide up other assets and debts to make sure you get a share that you can live on while adjusting to life without him.

You should have a lawyer asap if you don't already.

[emily]

Well, that is the thing...about a year ago. The sisters were planning on giving him the house and a certain portion of land but all that changed when we divorced. So...everything is still in the Trust with his only two sisters as Trustees. My exhusband has gotten the other woman pregnant and he plans on marrying her...you know...do the right thing...*rolls eyes* But, he plans on moving her into this house and raise the kid here. There really is no other assets except the car and this and that. Do you think it would be wise to bring that up in court about him and his girlfriend and their plans? And yes, I do have an attorney but he isn't really giving me anything to hope for.

Thanks.
Emily

If there are no real assets to divide, you might be able to get an order of some support to allow you to transition into some new living situation, or work or other options.