Legal Question in Real Estate Law in Florida
my girl friend and i own a home. If something happens to me how do we make sure she gets my half of the house and not my children
4 Answers from Attorneys
Consult an estate planning attorney, and put a plan into place.
You need to make sure your ownership is in the form of "joint tenants with rights of survivorship". Your deed should read this. If not, you can execute a new deed from you and your girlfriend, to you and your girlfriend, as joint tenants with rights of survivorship.
This means that upon either of your deaths, the survivor will own the entire property.
You want to give half your house to your girl friend (of how many months?) and not to your children? Wow. Nice dad, but I guess you have your reasons. To really effectively screw your children out of inheriting, you will need to see an estate lawyer to make sure that it is done correctly. If you put the house in your name and that of your girlfriend and then break up -- well, she owns half the house. Be careful what you wish for.
You should have an attorney review how you hold title to the property. It's up to you who you leave what to, and you should put in place some estate planning document to ensure that your wishes are carried out after you are gone. Please feel free to contact me if you need legal assistance with this.