Can I add my new wife to the title and deed on real property currently involved in a divorce judgement?

Question

Let me clarify: My divorce states that we both my reside on the property (seperately) untill 1-2007 and at that time she can demand to be bought out or it will go on the market and sold within 90 days. Can I refinance with my new bride and buy her out that way??

Answer 1

NO, you must wait until the court determines what happens to the property. Obviously this is community property and it may be ordered sold, in which case it would be moot to add her name. If the court orders the property to one of you, the owner would have to cash out the other, again moot. Besides, that could make her liable for capital gains taxes, and I can't imagine she or anyone would like that, especially if they had no part in the purchase. That's like being responsible for taxes on income you didn't earn.
Wait until all is said and done. If you keep the property, you may want to consult with an attorney in case this marriage ends badly, otherwise you may go through this same thing again on this property.
You can always protect your current wife in the event of tragedy and/or divorce without losing something you owned prior to the marriage.

Answer 2

That would not be a wise thing to at this point. Your new wifes assets may become part of the divorce judgement if you were to do this. Wait until after the judgement is completed.

Answer 3

You need to ask your attorney, but from my best judgement, I'd say "no." On the papers that the judge signed when I file it was ordered that I could make no changes (sell, give away or get rid of) and property that was in dispute. If you put her (your new wife's) name on that property you are essentially giving it to her.

Also, how is someone your new wife if your divorce isn't final? Sounds fishy to me.

Answer 4

NO, YOU HAVE TO WAIT TILL THE DIVORCE CREE IS FINAL