Legal Question in Family Law in New Jersey
Child Support
Husband had an affair during our marriage which resulted in the birth of a child. I purchased a home (in my name) if I die legally the property goes to him. How can I protect my two children to obtain sole rights to the property if their father pass? Does his outside child (whose younger than my children) have any claim to my property? If he dies before me, what rights do she have to claim any property/income he might have. Will it help to get a Will drawn up? Lastly, if he dies, who I then be liable for continuing his child support payments.
2 Answers from Attorneys
Re: Child Support
You are assuming, it seems, that the reader knows that you and your husband still live together and that your marriage is intact. If you and your husband are not living together there is one answer and if you are there is a different answer.
Assuming that you are living together, the only reliable solution might be that you and your husband execute a deed conveying whatever interest you each have in the property to yourself and your two children, indicating that your husband conveys any marital interest in the property to you and your two children as joint tenants with the right of survivorship. Your husband could also execute a quitclaim deed conveying whatever entitlement he might have to inherit the property to your two children.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
Re: Child Support
Unless you are willing to file for a divorce, the only way to guarantee he will not get any part of the house is for him to sign a deed over to you for his interest. Even if you have a will and specifically leave him nothing, he can set the will aside to take at least half of the house. As to his child, while the child will not have any interet in the house, the child will have an interest in your husband's estate when he dies. You should talk to a lawyer to get full and specific legal advice for your situation.
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