Legal Question in Family Law in Arizona

I am buying a house and want to put my twin sons on the title as well as myself and my wife.

One of the twins is going through a divorce.

Will the divorced wife be entitled to any part of the house when my wife and I die ?


Asked on 8/13/09, 7:09 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

First of all, I am assuming that your twin sons are adults, given that one is going through a divorce? Anyway, it is not likely that his soon-to-be ex-wife would be able to get any part of the house, presuming that the divorce goes through as planned. You really wouldn't even need to put your sons' names on the title, since they would automatically inherit the residence (along with your wife, if she outlives you) but you most certainly may. The only thing is that if you go to sell the property, encumber it or do anything else legally to it in your lifetime, they would have to sign off as well as your wife. Best of luck!

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Answered on 8/18/09, 7:32 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

I'd encourage you to consider alternatives to putting your sons on the deed to the property. Although the property is probably safe from your son's ex-wife (assuming he doesn't do something to transfer "his" interest into their names jointly), there are other reasons to consider other options. For instance, if your son's name is on the deed to your house and he is the responsible party in an accident, it is possible that "his" share of the house could be considered an available asset. If your goal is to ensure that your property passes to your sons after the death of the second spouse, there are several other ways to accomplish this that will not leave the property vulnerable during your lifetimes.

We offer a free initial consultation, and I encourage you to contact us to arrange a time to meet with one of our estate planning attorneys to discuss your objectives and your options.

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Answered on 8/19/09, 12:49 am


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