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Sierra900, Lawyer
Category: Family Law
Satisfied Customers: 953
Experience:  Licensed to practice law in California
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Got a question about a deed transfer... I'm a married

Customer Question

Got a question about a deed transfer... I'm a married individual and my husband's father died the property he owns went to him and his sister his sister is giving him a piece of property solely and their lawyer keeps trying to protect it from me. On the first copies of the deeds the lawyer added me in it saying I was giving up my marital interest I didn't want to sign that so he wrote up new ones and took my name off of question is he wrote in there that "my husband name, is a marred person but owns this property solely and exclusively in his indiviual name and verifies that there is no pending divorce proceeding and transfers the same as all f his right, title and interest." I have no clue what that means is this yet another attempt to try n keep me from it and should I be worried?
Submitted: 13 days ago.
Category: Family Law
Expert:  Sierra900 replied 13 days ago.


I will try and help. All that is happening is that the attorney is attempting to fulfill the terms of the will in that your husbands father left property to his children. This property will be solely and separately owned by your husband. To that extent, yes, they are trying to protect the property from claims by you should you divorce. Should you be worried? No. This happens all the time and frankly, it is not unreasonable for his father to want to ensure that should you divorce, his home stay with his son (and/or) daughter only.

Frankly, the best way to proceed is to let your husband receive the property the way his father intended. In the future if he wants you to have half or own it too, he can execute an interspousal grant deed and add your name to it.

I hope this helps.


Customer: replied 13 days ago.
Thank you I think it does....would this hold up in actual court though this extra stuff in there without my actual signature giving up my marital rights?! Or is this just an extra exhausted attempt from his lawyer? If he doesn't ever add my name would I have any leg to stand on as far as if we're married 20 years and suddenly divorce?! I can't see how I have no right to anything without signing anything?
Expert:  Sierra900 replied 13 days ago.


Yes, this will hold up in court without you signing. What they are attempting to do is keep it separate - at least until it becomes his. That is not unreasonable. If he adds your name to it, you certainly would have a claim. You would also have a claim if it appreciates in value during the marriage, or if he spends marital funds on it after he gets it.

Were things reversed, you would probably feel the same way, and keep in mind this may more reflect the wishes of his father than him.


Customer: replied 13 days ago.
Thank you it's OK Im just trying to I guess clarify what everything means because at first they wanted me to sign a post nup and I wouldn't and this almost feels like the same thing so I just didn't get the point?
Expert:  Sierra900 replied 13 days ago.

I am worried that you are worried about your marriage. What is happening here is not at all unusual and they are not trying to screw you - at least not directly. All that is happening is they are trying to receive this as his and his alone so that should you divorce, this will be his separately. Going forward if he puts it in your name or spends marital money on it, they you will have a claim, but his attorney would be negligent it he allowed him to receive a gift in a way that it was also immediately yours when that was not the intention of the giver.


Customer: replied 13 days ago.
Thank you very much for your help. It defiantly has clarified things and I feel a little bit better!
Expert:  Sierra900 replied 13 days ago.

Best of luck to you.


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