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  #6  
Old 12-15-2003, 07:48 PM
Andy
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Default Re: Protecting my house from my marriage

"Chris Miller" <cmiller[at]compuville.net> wrote in message news:<vtrh03kf6ar81b[at]corp.supernews.com> ...
- quote -

> Okay, but what happens if I get married, but something happens to the
> marriage or to me, but I don't die? In a divorce, can my husband go after my
> assetes such as my house, even though the deed is only in my name?
> Hopefully, a divorce won't happen, but I just want to make sure everything
> is covered.
> -ee99ee


The rules concerning property division in a divorce differ in each
state. However, I believe that in most states your separately titled
house would be safe from your husband as long as you never do anything
that would imply the house was joint property. For example, if your
husband makes mortgage payments, or helps out with the expenses of
home repairs or property taxes, then he *might* have some claim to
some portion of the home's equity in a divorce.

Since you seem concerned about it, I would invest a couple hundred
bucks to consult with a local attorney who does a lot of divorces and
ask him/her what is the best way to protect the home against claims in
a divorce. You may even want to consider a prenuptial agreement.

Andy

  #5  
Old 12-15-2003, 01:46 PM
Chris Miller
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Posts: n/a
Default Re: Protecting my house from my marriage

Okay, but what happens if I get married, but something happens to the
marriage or to me, but I don't die? In a divorce, can my husband go after my
assetes such as my house, even though the deed is only in my name?
Hopefully, a divorce won't happen, but I just want to make sure everything
is covered.

-ee99ee

"Andy" <inevercheckthismailbox[at]yahoo.com> wrote in message
news:11df4964.0312121451.2cbc71a1[at]posting.google.com...
- quote -

> "Chris Miller" <cmiller[at]compuville.net> wrote in message
news:<vt8o2998sjvv13[at]corp.supernews.com> ...
> > I actually typing this question on behalf of my mom. I feel this is the
> > wrong group to post it to, but I'm not sure where else to post it.
> > > I am about to get married (next few months). I have a house that is

totally
> > paid for (around $85,000 market). I have a 17 year old son (he will be

18
> > March 19, 2004). In the event something happens to me, or to my marriage

in
> > the future, I want this house in my son's name. Should I transfer the

deed
> > of the house into his name? Is there some type of trust I should/can

setup
> > with him as the beneficiary or something? I am in the US.
> > > -ee99ee

> I would not put your sons name on the deed, since that would mean his
> creditors could put a judgment lien on your house for his debts. Even
> if your son is a responsible person and would never run up debts, it
> is possible to incur debts unintentionally, like if he is at fault in
> a car accident, or needs expensive medical care.
> Hire a local attorney to do a will leaving the house to your son. If
> you don't do a will most states will automatically give the house, or
> at least a portion thereof, to your husband, which is *not* what you
> want.
> Andy




  #4  
Old 12-13-2003, 12:19 AM
Andy
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Posts: n/a
Default Re: Protecting my house from my marriage

"cal-lester" <cal-lester[at]comcast.net> wrote in message news:<uX%Ab.469714$Fm2.458408[at]attbi_s04> ...
- quote -

> I do not believe that you should include your son on the Deed
> at this time, as he is a MINOR (at least in my State). However,
> when he reaches MAJORITY, you should be able to include
> him on the Deed, using "Tenant's in the Entirety". That means
> that upon YOUR death, he would become the OWNER of the
> prperty.

Actually, to make another person a joint owner of your home you would
do a quit-claim deed from yourself to yourself and the other person
"as joint tenants with right of survivorship."

"Tenancy by the Entirety" is for married couples only.

Andy

  #3  
Old 12-13-2003, 12:19 AM
Andy
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Posts: n/a
Default Re: Protecting my house from my marriage

"Chris Miller" <cmiller[at]compuville.net> wrote in message news:<vt8o2998sjvv13[at]corp.supernews.com> ...
- quote -

> I actually typing this question on behalf of my mom. I feel this is the
> wrong group to post it to, but I'm not sure where else to post it.
> I am about to get married (next few months). I have a house that is totally
> paid for (around $85,000 market). I have a 17 year old son (he will be 18
> March 19, 2004). In the event something happens to me, or to my marriage in
> the future, I want this house in my son's name. Should I transfer the deed
> of the house into his name? Is there some type of trust I should/can setup
> with him as the beneficiary or something? I am in the US.
> -ee99ee


I would not put your sons name on the deed, since that would mean his
creditors could put a judgment lien on your house for his debts. Even
if your son is a responsible person and would never run up debts, it
is possible to incur debts unintentionally, like if he is at fault in
a car accident, or needs expensive medical care.

Hire a local attorney to do a will leaving the house to your son. If
you don't do a will most states will automatically give the house, or
at least a portion thereof, to your husband, which is *not* what you
want.

Andy

  #2  
Old 12-08-2003, 10:04 PM
BMS
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Posts: n/a
Default Re: Protecting my house from my marriage

Given where you live, but in Massachusetts a realty trust would make sense.

Remember, if the 18 year old does something stupid and his name is on the
house, you could lose it.

"Chris Miller" <cmiller[at]compuville.net> wrote in message
news:vt8o2998sjvv13[at]corp.supernews.com...
- quote -

> I actually typing this question on behalf of my mom. I feel this is the
> wrong group to post it to, but I'm not sure where else to post it.
> I am about to get married (next few months). I have a house that is

totally
> paid for (around $85,000 market). I have a 17 year old son (he will be 18
> March 19, 2004). In the event something happens to me, or to my marriage

in
> the future, I want this house in my son's name. Should I transfer the deed
> of the house into his name? Is there some type of trust I should/can setup
> with him as the beneficiary or something? I am in the US.
> -ee99ee


  #1  
Old 12-08-2003, 01:33 PM
cal-lester
Guest
 
Posts: n/a
Default Re: Protecting my house from my marriage

Chris Miller wrote:
- quote -

> I actually typing this question on behalf of my mom. I feel this is
> the wrong group to post it to, but I'm not sure where else to post it.
> I am about to get married (next few months). I have a house that is
> totally paid for (around $85,000 market). I have a 17 year old son
> (he will be 18 March 19, 2004). In the event something happens to me,
> or to my marriage in the future, I want this house in my son's name.
> Should I transfer the deed of the house into his name? Is there some
> type of trust I should/can setup with him as the beneficiary or
> something? I am in the US.


Chris, you are in a news group with a number of intelligent
knowlegeable people (excluding me of course).

IF the deed to the house is currently REGISTERED in
YOUR NAME ONLY, then it would become a portion of
YOUR Estate upon your death. Therefore, you should be
able to transfer the property to ANY Adult by way of your WILL.
(of course, you wuld have to check YOUR State laws ! ! ! !)

I do not believe that you should include your son on the Deed
at this time, as he is a MINOR (at least in my State). However,
when he reaches MAJORITY, you should be able to include
him on the Deed, using "Tenant's in the Entirety". That means
that upon YOUR death, he would become the OWNER of the
prperty.

Please be aware that I am NOT an attorney, and all of the above are simply suggestions. You should contact a local attorney who is familiar with real estate law in YOUR State.

Cal Lester CLU

- quote -

> -ee99ee

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Old 12-08-2003, 12:43 PM
HW \Skip\ Weldon
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Posts: n/a
Default Re: Protecting my house from my marriage

On Mon, 8 Dec 2003 07:22:38 CST, "Chris Miller"
<cmiller[at]compuville.net> wrote:


- quote -

> I am about to get married (next few months). I have a house that is totally
> paid for (around $85,000 market). I have a 17 year old son (he will be 18
> March 19, 2004). In the event something happens to me, or to my marriage in
> the future, I want this house in my son's name. Should I transfer the deed
> of the house into his name? Is there some type of trust I should/can setup
> with him as the beneficiary or something? I am in the US.


The answer varies by State. So to be sure, check locally.

If you were here in SC, I would ask you to consider keeping the house
in your name, executing a simple will leaving the house to your Son,
and also executing a limited durable power of attorney for the house
with Son as Agent of that Power (age 18 right around the corner).
Really no need for the cost/complexity of a trust, and, I would want
you to keep control of the house (unknown future, things change).




-HW "Skip" Weldon
Columbia, SC

  #-1  
Old 12-08-2003, 12:22 PM
Chris Miller
Guest
 
Posts: n/a
Default Protecting my house from my marriage

I actually typing this question on behalf of my mom. I feel this is the
wrong group to post it to, but I'm not sure where else to post it.

I am about to get married (next few months). I have a house that is totally
paid for (around $85,000 market). I have a 17 year old son (he will be 18
March 19, 2004). In the event something happens to me, or to my marriage in
the future, I want this house in my son's name. Should I transfer the deed
of the house into his name? Is there some type of trust I should/can setup
with him as the beneficiary or something? I am in the US.

-ee99ee


 

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house, marriage, protecting
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