My house was willed to me in 1986. This property has been in the family for generations. I put my husband on the deed in 2004 to get a home equity loan to pay off bills. I am considering divorce after 20+ years of marriage. But he has only been on the deed 12 years.
The property can be placed into a trust for your son. However, since your husband;s name is on the deed then you will first have to get him to agree to remove his name from the deed by deeding the property back to you or if you jointly deed the property to the trust. However, given the state of your marriage, it doesn't sound like your husband would be willing to do that.
My answer is for general information only and does not imply that any attorney-client relationship has been created.
You can do that, however, you should consult a local attorney to make sure adding his name wouldn't be construed as gifting him part of your separate property, or he has not otherwise gained ownership interest otherwise. You will need his consent to remove his name. The comments contained herein are for general informational purposes only and may not be construed as rendering legal, tax or accounting advices. For specific advice, always consult your adviser. Good luck. Zaher Fallahi, Estate Planning and Tax Attorney, CPA, MBA, MS.
If you put your husband's name on the deed then you gave him a portion of the property. He owns it and this asset will addressed during the divorce. Even if you gave your portion of the property to a trust, it would not affect his interest.
You should talk to your divorce attorney about what you can do to regain full ownership of the property.
The above is not legal advice and does not create an attorney-client relationship. Please seek local counsel.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline