QUESTION
My spouse wants to have the house in his name, then deed it to our son (14) when he is 18 is that something that could be put in the divorce decree?
Asked on Jan 16th, 2013 on Divorce - Florida
8 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It could probably be put into a Marital Settlement Agreement which would be incorporated into the divorce decree. But I suggest you find out exactly what your husband is seeking to accomplish. It may not work, or it may be illegal in some way. Once you hear from him what his goal is, talk to an experienced divorce lawyer.
Answered on Jan 21st, 2013 at 2:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could, but since your son is not a party to the case, that sounds like a really poor way to do something. Tell your husband to stop being creative. You should pay him his half of the equity and you keep the house.
Answered on Jan 19th, 2013 at 8:48 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are probably entitled to 1/2 of the equity in the house. Do not give that up. Your spouse needs to buy you out of the house, pay you what you are entitled to and then he can take the house and give it to your son. If he buys you out it is up to him to do his estate planning to ensure the house goes to your son. I suggest you see an attorney, it sounds like you need to ensure your rights are protected.
Answered on Jan 19th, 2013 at 8:47 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can each agree to whatever you want to agree to. The real question for your spouse's idea is "why would anyone choose to do that?"
Answered on Jan 19th, 2013 at 8:45 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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I need more information to give you an informed answer. Is the house community property? Why does he want to transfer the house to an 18 year old? If the motive is to get the house out of his name due to creditors, not a good idea - there are other ways to accomplish this without the risks involved - i.e. fraudulent transfer, tax implications, volatility of an 18 year old, etc. General answer is yes it could be provided for, but it is probably not a good idea.
Answered on Jan 19th, 2013 at 8:43 PM
If you guys agree to that arrangement, we can draft that into your MSA - divorce agreement. You can contact our office for a 30 minute consultation to discuss this and other options.
Answered on Jan 19th, 2013 at 8:41 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Do you trust your husband? What if he dies? Of course anything that is to be done should be put into the court orders.
Answered on Jan 19th, 2013 at 8:41 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You really should consult with an attorney in your area about the divorce. The house belongs to you and the husband, not the son, and you cannot be forced to give your interest in the house to your son. Get counsel on this asap.
Answered on Jan 19th, 2013 at 8:40 PM