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I'm married. Want to buy home by myself. Is there document my wife signs to wave rights for the house in divorce?

Schaumburg, IL |

I'm recently married. My wife from another country. I want to buy house and use only my income and not hers. Only I will be on the title. She agreed to sign document that would wave her rights to the house in case of the divorce. Does document like this exists? If it is exists, what is the name of it?
Does this document guarantees 100% immunity for me in court?

My wife is a green card holder.

Attorney Answers 4

  1. Best answer

    In Illinois, all property acquired after the marriage is presumptively marital. Consequently, the most effective way to exclude property that would otherwise be deemed marital property is to execute a postnuptial agreement.
    A properly executed and negotiated postnuptial agreement should protect your newly acquired home from any claims by your wife, But there are no guarantees of its enforceability especially since the postnuptial agreement's validity will be tested in a divorce proceeding, which could take place many years later when circumstances could be very different
    For the postnuptial agreement to hold up in court should there be a divorce, your wife would need to be represented by her own independent counsel who can advise her as to her rights with respect to any home acquired without her name on it.
    Since your wife is from another country, if she speaks another language, it would be especially important for her to have counsel who can communicate clearly with her the consequences of her signing a postnuptial agreement. Otherwise, she could challenge the agreement in a divorce by stating that she did not understand the legal consequences of the Postnuptial agreement.

  2. You can do this but it will have to be done with an attorney's assistance. You need to go in person and discuss the details with counsel. If you try to do it yourself you will most likely not donut properly. You can use a post nuptial agreement. You will also need to be sure there is no commingling of marital funds.

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  3. With an attorney dratting it this agreement can be done.

  4. You can buy it alone if you have the credit. Taking title in a business entity that you alone can help, but ultimately nothing will stop her from attempting to claim some rights depending on how finances are handled. Sometimes the best solution is to grant a fixed nominal share. See an attorney for all your options, but in the end, 100% -- NO and/or it depends on too many factors that we simply can't get into on line this way.

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