{"id":7815,"date":"2026-10-12T23:51:25","date_gmt":"2026-10-13T03:51:25","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=7815"},"modified":"2026-10-12T23:51:26","modified_gmt":"2026-10-13T03:51:26","slug":"my-parent-will-move-into-our-in-law-cottage-what-are-her-rights-if-my-spouse-and-i-divorce","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/my-parent-will-move-into-our-in-law-cottage-what-are-her-rights-if-my-spouse-and-i-divorce\/","title":{"rendered":"My Parent Will Move Into Our In-Law Cottage. What Are Her Rights If My Spouse and I Divorce?"},"content":{"rendered":"\n
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These days, more local governments are making way for deed holders to build in-law cottages, formally known as accessory dwelling units,<\/em> as additions to the home or separate structures on the same lot as the main house.  <\/p>\n\n\n\n

Many of these deed holders will consider this an opportunity to add value to their homes and also to accommodate in-laws or other family members.<\/p>\n\n\n\n

Say you\u2019re married and planning for your mother to move onto your property. If you and your spouse ever separate, will your mother have rights in the home? What if your mother helped pay for the unit\u2019s construction or has paid rent in order to fund it?<\/p>\n\n\n\n\n\n\n\n

The Deed Holder Is Also the Rights Holder<\/h2>\n\n\n\n

The default answer is that your mother will lack the right to stay if a time comes when you no longer hold your interest in the land. This is the case even if she contributed to the structure financially.<\/p>\n\n\n\n

The deed is the first document to consider. The deed to the land is yours. The owner of the land owns all permanent attachments to it. So, the accessory dwelling unit belongs to you and your spouse.<\/p>\n\n\n\n

As for the funds your mother might have contributed? If that funding is documented in a legal agreement as her contribution, it will be easier to protect later than money that goes through adult children\u2019s joint accounts.<\/p>\n\n\n\n

Many couples wisely put plans in place for unexpected changes in their relationship. They also need plans in place if one or more of their parents will move onto their property. Planning includes careful record-keeping. You\u2019ll want to keep a file with all the receipts and records of money transfers.<\/p>\n\n\n\n

Accessory dwelling units<\/em><\/strong><\/a> are becoming a major part of the \u201cgentle density\u201d movement to create financially accessible homes for seniors and families. In<\/em><\/strong> California<\/em><\/strong><\/a> and Vermont, to take just two examples, local governments permit ADUs statewide.<\/em><\/strong><\/em><\/strong><\/p>\n\n\n\n

Consider a Legal Agreement Before Planning the ADU<\/h2>\n\n\n\n
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Get a lawyer involved and draft a legal agreement to protect your relative if you\u2019re planning to build a unit for them on your property. It\u2019s well worth the time to do this because:<\/p>\n\n\n\n