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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My father bought a house in November of 2009 and put it half

Customer Question

My father bought a house in November of 2009 and put it half in my name and half in my fathers. I got married in June of 2010. I received the $8000 tax credit for being a first time home buyer. My husband wants me to sign over half of the sale of the house to him in case of death of divorce. I feel this is premature and I know I would then have to pay the $8000 back if he divorces me in less than 3 years. I live in Florida. My husband says it will give him peace of mind and be secure. I want to know is there any other solution to this problem or any advice you can give me? Thank you.
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.



Yeah. There is no way to get around the penalty if you place his name on the home now. I am sorry he is feeling so insecure with this arrangement.


Also, as it stands, should he divorce you before the 3 years he would not be automatically entitled to any share of the property because it is considered "non marital" because it was purchased before the marriage. However, you could draft a post nuptial agreement wherein you guarantee that should the marriage dissolve before the home is transferred to him, you will give him any monies that he himself has put into the maintenance of the home - such as paying the mortgage or utility bills or other up keep.


Unfortunately, he will just need to be patient. The offer your Father is making to pay his school loans is very generous and he should seriously consider that.




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Customer: replied 5 years ago.
Thank you for your reply. If I were to sign a post nuptial agreement signing my half of the house over to him in the event of death or divorce, (he is saying he will divorce me if I don't sign it), would that count as signing it under duress later if I were to contest it? Also, besides the 8000 is there any other penalty I would have to pay? We have no mortgage on the house, my father is saying he will pay his student loans, forgive another loan he gave him of 23,000 and sign over the house in 3-4 years. I don't know what to do.
Expert:  Samuel II replied 5 years ago.



I would never suggest such a post nup be signed. I would not provide information on that. I believe you need to present that to a local attorney and have them review it.


As to duress, sure you could argue you were forced because he threatened to divorce


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