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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im currently buying a home with my va home loan and my wife

Customer Question

Im currently buying a home with my va home loan and my wife is going to sign a waiver that she will have nothing to do it, no equity, try to get it. I drawocial security and 80 percent va disabled. I made her my daughters fiduciary and then she split. I got letters from schools and apartments that I paid all the bills and social made me the fiduciary. We both agreed that in case of divorce, she would not go after my social or 80percent va. She just wanted to be fiducciaryof my daughters 920 a month. I go to closing I and tell her that since she wants nothing to do with the house and we were to ever get divorced, she would not go after my social or VA disability so the bank knows I can make the house payment and that I would make her the fiduciary again of out daughter, so the bank knows I will be able to make this house payment. How canI make this intoa formal document stating that in the evnt of a divorce. she waives all rights to the house, and will not go after his80 percent VA Disability or His social Security so the lender know I will be able to make the payment and I will make her Olivia fiduciary in social security if Olivia is living with her, if jack has her 50 percent of time. She will still be fiduciary but give jack a apprportion for keeping her. In the Event of Jack Death and him and Jennette are still married, she is tobe in charge of everything.
Submitted: 5 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First of all, your spouse cannot go after your social security or your VA disability, since those two things are exempt by law from her getting in a divorce.
However, you can enter into a post nuptial (after marriage) agreement in writing where she signs a document stating that she would be fiduciary of Olivia in the event of divorce only if Olivia is physically residing with Jack at least 50% of the time. The document would also state she agrees that she has no interest or claim in the residence equity or ownership and that it is Jack's separate property. The document would further state she waives any claims to spousal support and also to any pension shares that are not otherwise protected by law (meaning any pension amounts that she is not prevented from getting like SS or VA disability).
You would get her to sign the document in presence of a notary and you would keep an original copy somewhere safe and I would suggest you have your attorney keep an original as well.