Legal Question in Real Estate Law in Illinois
Real Estae
I will inherit some land from my parents. Will the deed have to be considered joint property in case my husband and I get a divorce?
1 Answer from Attorneys
Re: Real Estae
If you are worried about a divorce, do not put your husband on the deed as joint owner. Put the real estate in a living trust. The trust will own the property. You will be the trustee and beneficiary. If you have children, they can also be beneficiaries. Do not have your husbands name on anything to do with the real estate. It will be deemed non-marital property in the event of a divorce. The best move is to put the property into a living trust now. Your parents can be trustees and you can be the beneficiary. They would also be beneficiaries. The house would not have to be probated that way. Please call for further discussion.
Related Questions & Answers
-
Separation of trust Is there such a thing and how does it work? Asked 7/16/08, 9:16 pm in United States Illinois Real Estate and Real Property