My husband and I are not separating or divorcing, nor do we plan on it but after his affair with a stripper, he wants me to know he is remorseful & wants me to feel safe. He wants me to legally have the houses I paid for (I know they are community property no matter who paid the mortgage) should we divorce. He is elderly and the houses are currently in a revocable living trust, but he wants to go the extra mile and prove that he's willing to give up everything and do right by me in case I decide to divorce him. I don't plan on divorcing him unless he is unfaithful again and then he's hefty-bagged out. So, can we just fill out a form, sign it in front of a notary, and have it recorded with the county recorder, or do we really need an attorney? Thank you very much in advance.
No you can't just fill out a form
Assuming this is for real (questionable) you need a lawyer to accomplish your goals.
All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus regrets to report that you cannot get contact information about her in any way, shape or form, as Avvo wont let you. Good luck.
If you want to do this right, I suggest you enter into a marital contract under FC 850 and do the deeds. What you are thinking about, is not going to give you the protection you are hoping for. The case law is heavy and difficult.
No that won't be the best thing to do and it really doesn/t mean that indeed he has given up the house if there is a divorce. Besides, it won't resolve all CP issues on the house prior to transfer. But what confuses me is that you said the houses were yours already. Did you acquire these before marriage?
The property’s title holder is likely the revocable trust and not you and your husband individually. To truly protect your interest, you should transfer the property’s into your name and execute a formal transmutation agreement, transmuting the community property asset to your separate property asset. I would strongly advise you seek the advice of counsel.
If there is a revocable living trust you need to be very careful and transferring property in and out of it largely due to the potential tax consequences. Secondly, you should always hire an attorney for deed preparation to transfer real property. It's too complex of an area of law that carries to much liability to attempt to do yourself. You could unintentionally jeopardize your interest in the property.
Great news on not getting a divorce! (No good family law attorney would ever promote a dissolution of marriage). The two of you should have deeds prepared on each property, deeding the property to you "as a married woman, as her sole and separate property." You could also have a contract between the two of you that states that he gives you these properties (specify addresses) for nominal consideration (state amount). This would avoid any Moore-Marsden interest in the properties that he might later claim. If you need more information or explanation, please feel free to contact us!
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline