QUESTION
How can I prevent my husband's mistress from getting part of our house if he dies?
Asked on Jul 31st, 2012 on Divorce - Florida
More details to this question:
We are married but file separate taxes. We have a few joint accounts. Husband is not on the house title, but has lived here at least half the year since 20 years ago. I found out he has a mistress in a foreign country and am worried he might have another child. Husband is in bad health. I do not want his mistress to get any part of the house, in case he dies. I have also let my husband drive one of the cars I own. He is not on the title for that either. What can I do to protect myself/our children?
4 ANSWERS
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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I he is not on title, he has no visible legal interest. If you are still married there is an argument that community income went to pay for the house and the cars.
He has the right to give his community interest away in his will. Not enough facts for an answer. Get a divorce and have all property issues settled.
Answered on Aug 23rd, 2012 at 2:19 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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File for divorce and get the property declared your separate property.
Answered on Aug 20th, 2012 at 1:51 PM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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Keep him off the title.
Answered on Aug 20th, 2012 at 1:33 PM
If your husband is not on the title, I fail to see how his mistress can get the house and/or the car. I would, however, check the titles to be certain you're in the clear. Perhaps use the services of a title company for the house and the DMV for the car.
Answered on Aug 20th, 2012 at 1:32 PM