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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I had real estate property when I married 15+ years ago, and

Customer Question

I had real estate property when I married 15+ years ago, and my marriage has broken down. We have 2 children. I want wife to "get nothing," and children get everything, but she does not know I intend to divorce her. I've been told that any changes in ownership/estate
must be approved by my wife or could be undone. However, I had wife sign a quit-claim deed to the properties in question some years ago, but I am concerned about its solidity in divorce, because this is my substitute for a formal pre/post nup. Can you give
me some suggestions?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

The Quitclaim Deed does not automatically mean that the property is now your separate property even if your wife's name is ***** ***** on the property. You have the burden to prove to the Court that at the time of the transfer your wife understood that she was permanently relinquishing her interest on the property. So, if you have evidence of this, there is nothing else for you to do about the property. In addition, realistically, you cannot do anything about change in ownership of the property at this time without the consent of your wife.

Customer: replied 1 year ago.
After my passing, how would she challenge my estate plan if I give everything to our children and kids by my previous marriage? Would it go through probate? Approximately how much of the estate could end up getting eaten if that happens? I will tip for this answer. Thank you
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, your follow-up questions have opened up a whole new area of law. The policy of this site requires that you open a new thread for these questions. You are more than welcome to request me for the new post.

Thank you for your cooperation,