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How do I word in the pre se divorce that I will give her the house, as long as she refinances and relinquishes rights to my 401k

Chicago, IL |

2 adult children over 21. She works, she has 401K. I am moving out of the house and want to give her the house. I just want her to refinance and get house out of my name. But I will only give her the house if she does not go after my 401k. She does not have that much in her 401k. She started late saving.

Attorney Answers 4


  1. Will she agree to this? If so, just write it in the MSA. If she won't, you're probably wasting your time. Keep in mind, just because you sign over the house doesn't mean you can sign over the mortgage (if any).

    Talk to a family law attorney in your area for specific guidance.


  2. If your wife agrees to this arrangement, you need to write that you will execute a quit claim deed, provided she refinances the mortgage and waives her interest to your 401(k). If you are looking for exact language, you need to either see a lawyer or go to a law library and review sample language.


  3. With those types of assets to protect there IS NO REASON NOT TO HIRE A LAWYER. This should not be a pro se divorce, If it is not done properly legally you could wind up in court spending much much more than you think you saved, We do not draft documents on here either. We do not even have all the facts. You are not giving her the house. It is her house also. You are waiving your marital interest in the home in exchange for her waiving her marital interest in your 401K. But this is not enough. The wording for the house and refinance must be very precise to be legally effective and to protect you and your credit. Trying to save money now could cost you thusands in the future, Isn't the home underwater? So many are. Has it been appraised?

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.


  4. How long till she refinances? What if she can't? There are a lot of questions an experienced attorney can help you with. In over twenty years, I've had to try and fix the do it yourself divorces. Not all can be corrected. Try to get it right the first time.

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