Is there waiver of some sort that will hold in court that I can have my husband sign giving up his rights to the house should a divorce occur?

A quit claim deed and/or a post nuptial agreement. If divorce in imminent, a Property Settlement Agreement. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.

It is always best if you personally consult with an experienced family law attorney to review these types of issues. Will your husband sign a community property disclaimer deed? This is a document where he specifically states that the property is yours, as a married woman dealing with her sole and separate property. This is not the end of the issue however. If community funds are used to pay for your sole and separate property then in a dissolution action he may have a claim for some portion of the community contribution. It is impossible to determine what portion that may be from the limited information provided, thus my advice to speak with counsel.

There is something called a post-nup that you could use. Of course, it is generally prepared in anticipation of divorce, but doesn't have to be. The bigger concern though is what money will be used to pay the rest of the mortgage? Will it be community money? In that case, he will be entitled to one-half of the house. The only way to prevent that would be to use only your money to pay the mortgage. But even then, he could argue that his money to pay the rest of the bills allowed you to pay the mortgage. No, the only way to get it clear that he has no interest would be an agreement that he has no interest in the house. You will need to attorneys to handle this. One for you and one to advise him. It is not the type of thing that you can just get off the internet.

You need a Marital Property Agreement done laying out what is yours (inherited) and what will be yours in the future if a divorce would occur. This is like a prenuptial agreement done while you are married. If he won't sign it, you need to think twice about using the inherited property for anything that could be later termed marital.

The down payment is your separate property. However, if the mortgage is going to be paid with current income then the community is going to end up with an interest in the property. You should consult a family law/real estate attorney to review all of the facts and advise you.