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Do I need real estate or family attorney?

Sarasota, FL |
Filed under: Real estate Family law

My husband, our two kids and I live in Florida. My father who lives in Europe and is not a US citizen or resident wanted to buy a house for us to live in and have it under his name to protect me from possessions issues in a possible divorce (my husband and I had our troubles before, it could happen again). It became complicated when we found out that a non-resident would encounter various tax issues if he tries to sell, gift the property or dies. So, if he gives me the money and I buy the house under my name only (I believe you can do it in Florida), will my husband have rights to the house in case we do divorce? He is willing to give up his right now by signing a statement - or what are the procedures and is it even possible?

Attorney Answers 3


Family attorney is needed and yes there would be certain rights. What I would recommend in your situation is a post-nuptial agreement. I would recommend you contact some local and experienced family law attorneys that actually handle post-nuptial agreements [many do not touch these] and have one prepared to protect yourself. If he is willing to sign it will make it much easier.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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A real estate attorney with some family law knowledge would be helpful in your case. The closing agent/attorney should prepare what's known as a "Waiver of Homestead." Good luck!

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Either a good real estate attorney or a good family attorney (Ms. Mora is correct - these type agreements are loaded with problems and many attorneys don't touch them) can do this. It's not unusual for tge real estate attorney to draft it whicle everbodybody is happy. But it will be the family attorney who will attept to break it at a later time. Thus many attorneys feel tghe divorce lawyer shoujld be the one to draft it because they are the ones who will be charged with undoing it at a later time after spring time turns to winter! Among other things there should be an agreeemtn that the home is a nonmarital asset, that hsuband put no consideration towards its purchase, that wife provided all of the consideratiion, that husband will never claim that the property or any enhancement or increase in value at a later time is a marital asset and that he waives any interest in it, that he waives an y life estate in it after wife's death, that he wavies the right to attmept to homestead the property, that he agrees the property is not his homestaead, etc. This is not meant to be a copmplete list - just some of the highspts. You get the picture? Also suggest video taping the signing eremony and that you pay for an attorney for him separately to go over it with him and have a "certificate of counsel" in the agreement that this was done. Good luck.

This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.

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