Legal Question in Real Estate Law in Kansas
We are in Kansas. We are looking to have some acreage gifted to us. (150 acres+-) The husband of the gifter is going into a home, his name is not on ANY of the Real estate. There are currently NO liens on the property and the wife has not signed any papers with the nursing home yet. If the wife gifts us this land can the home or anyone come back on her and get the property?? I know if SHE goes into a home within 7 years that they can come back and say she had x amount in capital gains and make us pay up. But where the Husband has no property can they make the wife pay for anything? They are only living together because divorce is to expensive for them.
1 Answer from Attorneys
Under the facts you described, it may be possible for creditors of either the husband or the wife (or the government) gum up the transfer of title to the real property. If you are concerned that any of the ways this occur, would apply to you, i suggest you consult direclty with a probate or real estate attorney in your area. Many offer a free or low cost initial consultation.
Good luck