hubby got previous family, can i transfer our house into OUR daughtrs name, as i dont want his family to have a claim on our house bought with my cash. his kids get insurance money, but want OUR doughter to get the house. Is this possible as my hubby wont make a will
2006-09-03 09:16:14 · 27 answers · asked by denise k 2 in Family & Relationships ➔ Family
isn't it your house as you bought it? you make a will...
2006-09-03 09:18:47 · answer #1 · answered by northukstudent 3 · 1⤊ 1⤋
You need legal advice...is the house in your name or joint names. If joint names then hubby will have to make a will - and so should you - to leave the property to your daughter. Your husband is crazy not to make a will. If the house was bought with your cash, is his name definitely on the deeds?? Why not ask him to sign his half over to you then you can get your will sorted out so that your daughter definitely gets it. Be careful and get legal advice soon.
2006-09-03 09:59:04 · answer #2 · answered by Jackie 4 · 0⤊ 0⤋
Whether or not your husband makes a will or not is of no matter here. Yes, you can put your house into your daughters name or do so by a living will on your own, that way your daughter gets house if something happens to you first. Contact an wills and estate atty for getting this done asap.
2006-09-03 09:42:56 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
If the house is in your name only and you took title as a "married woman as her sole and seperate property" then you could keep the house from going to your husband and leave it to your daughter alone. However, because of community property laws and how you may have taken title you may need for him to sign a quit-claim deed to the house, thereby putting it into your name only and then creating a living, revocable trust, where you can leave the house to your hubby if you die and if you both die together then you can leave it to your daughter alone.
This applies to California. Where do you live?
2006-09-03 09:24:45 · answer #4 · answered by Simplystunning 4 · 0⤊ 0⤋
Do you have joint ownership of the house? If so then you can only give half to your daughter, if it is yours 100%, you can do what you like while you are alive, if you don't leave a will then hubby can make a claim, so yes, see a solicitor asap.
2006-09-03 09:28:06 · answer #5 · answered by cheyenne 4 · 0⤊ 0⤋
If you are married the property is co-owned in joint tenancy as joint community property. That means that the partner who proceeds the other in death automatically leaves the property to the other party. It can not be willed separately. If you die first the property is transfered to your husband the same is true of you if he dies first. At that point the surviving spouse can leave the property to whomever they choose. The exception is that if the two of you agree to make a will declining the joint tenancy and change the property to reflect your wishes.
2006-09-03 09:30:14 · answer #6 · answered by jodie 6 · 0⤊ 0⤋
See a lawyer and make a will. In some states if the house is only in your name he would not be entitled to it, but in some states if you die it is his. This is a very tricky situation, spend a little cash and get some professional help to protect you and your daughter.
2006-09-03 09:27:07 · answer #7 · answered by silver 4 · 0⤊ 0⤋
Actually, "he" owns half the house, so, "you" can put "your part" of the house in your will to your daughter.
But as for putting it in your Daughter's name, your husband will have to sign off on it. And if he refuses to do so, your just out of luck and have to hope that he dies first..(I know, its a sick thing to say, but, its life).
If he is willing to do so, then have the property put in your Daughters name and have the stipulation that you both are allowed to live there as long as your natural life will permit.
Most older adults do this with thier kids so that they can avoid probating the will and having to pay a penalty for the taxes of inheritance on homes and other assets valued over 100,000 dollars.
A lawyer can set this up for you, and if your husband isnt willing, then there is nothing you can do about it. Half of the house is his, whether you paid for it or he did, its community property between you two.
I wish you well..
Jesse
2006-09-03 09:25:20 · answer #8 · answered by x 7 · 0⤊ 1⤋
If your daughter is a minor then I don't know if she can be the legal owner of the house and be on the land title. Maybe in conjuntion with your name on all these documents. And even if someone happened to you i don't know if she could assume the legal responsiblity of the property as a minor.
Instead, why don't you make out a will and name her as the beneficiary of all your assets and name someone you trust to be the trustee until she turns 18?
2006-09-03 09:22:43 · answer #9 · answered by Tony 4 · 0⤊ 1⤋
Get a will saying that whatever happens to you guys, that she gets the house. If you bought you can do that, cause if you dont, his kids will try to get the house.
2006-09-03 09:44:22 · answer #10 · answered by baby_luv 5 · 0⤊ 0⤋
go see a solicitor he'll tell you for sure
norm whats wrote in a will is standing but
it may mean they have to sign a release form my hubby had to get his x to sign one when i moved in to say she won't claim against the propery for my step son if anything happens to my hubby
2006-09-03 09:29:04 · answer #11 · answered by kj 5 · 0⤊ 0⤋