Legal Question in Real Estate Law in Florida
Real Estate Purchase
I want to purchase a house for my married son, but title the home in a way that his spouse has no claim to the property if they get divorced. What are the title or other options?
2 Answers from Attorneys
Re: Real Estate Purchase
Regardless of the title, it could be considered a marital asset. You should consult with an attorney to structure the ownership so that the property does not become a marital asset.
Re: Real Estate Purchase
Generally speaking, gifts made during a marriage are not considered marital property, so you're going to have to have documents drawn is such a way that the wife's name is not on the deed and that everyone acknowledges that the house is a gift to your son only, not to the marriage. I would also consider having the wife sign a postnuptial agreement.
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