Legal Question in Real Estate Law in Ohio
property ownership
My mother has given me a house that we have been living in for three years now. She never put the house in my name because my husband is such an absolute fool with money, he has financially ruined us. My mother would like to get the house out of her name because she is getting older and fears that if she should need to go into assisted living, we would loose our home. Is there someway she can give the house to me without my husband having any rights to it like for example using it as collaterol? I have wanted a divorce but he has told me he would kill me first and since we have young children, I am sticking it out at least for now. Another reason I don't want the house in my name is because if I should ever get a divorce, I would have to give him half. Is there anyway we can put the house out of my mother's name but still protect any assets from my husband?
1 Answer from Attorneys
Re: property ownership
If your mother is concerned with the costs of assited living and nursing care, that brings up added complexity.
However, specialized trust planning may be a proper way for your mother to ensure you can use and ultimately control the home without it being open to attack from your husband, as well as protecting the home from the costs of care.