Husband in prison for setting fire to our current home I want to purchase a new home right away but I don't want him to have rights to my new home or car
If you do not put his name on the title he will have no present rights in the property. If you do not want him to have any claims against the property in the event of your death, you will need to speak with an estate planning attorney to make provision for the property to pass to someone else either through a will or by make changes to the way the property is currently titled.
You haven't identified the other parties involved in this question so I cannot determine whether I may have a conflict in this matter. Should it turn out that I have an attorney-client relationship with any of the other parties, my response to this question will not prevent me from continuing to represent an existing client.
Depends. Was your husband in title on the home that burned and the insurance? If so, he might have a claim to a portion of any property you might purchase with the insurance proceeds. Even if this is not the case, he could have rights in marital property, meaning any property you acquire during the course of your marriage.
This question is a complex legal question. You should consult with a family law attorney with knowledge of real estate matters in your area to determine your best course of action.
I hope this helps you. If it has, please mark as "helpful" or a "best" answer. ******************** I am licensed in Michigan and Illinois, and regularly handle legal matters of this sort. The answer provided here is based on the limited facts you have submitted Actual documents, expanded facts, and local law knowledge are all necessary to provide a comprehensive and specific answer to your questions. The opinion offered here is for your information only and no client-attorney relationship is created by this response.
Even if you do not put his name on deed, he may still have a claim to some appreciation of home during the marriage. You first have to decide whether to divorce. If you wish to divorce him, then you should refrain from purchasing real estate until after divorce is final. I f you wish to stay married, and there is a great deal out there for you, then talk to an attorney first.
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