Legal Question in Family Law in Tennessee

Re: Remarriage

I am not sure if you want to give the new spouse part of your house or protect it from claims. If you remarry, that does not automatically confer ownership interests to your new wife and her children. However, if you died without a will, then she could claim the house. You are free to add her name to the title with a quit claim deed, if you desire. If you do not want her to have any ownership interest even in the event you divorce, then you should sign an antenuptual agreement to that effect. Normally, the court will divide marital property in a divorce, but a house owned solely by one party prior to the marriage has a good chance of remaining that person's property in the event of divorce. But you should not take your chances on a marital dissolution order; instead, you can lock in your rights with the antenuptual (also called pre-nuptual) agreement.

Michael A. S. Guth