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I am paying the mortgage but I put my son on the deed as joint…

I am paying the mortgage...
I am paying the mortgage but I put my son on the deed as joint tenancy with rights of survivorship. (JYWS).If he and his wife ever divorce he my home be sold as part of marital property? Home is in Fl.
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Answered in 5 minutes by:
6/26/2010
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
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It would not be marital property since he is receiving the property by way of gift. As long as the property remains separate from marital property and he does not add her name to the property if he inherits it, then it is not divisible through divorce proceedings.

 

 

Best regards XXXXX XXXXX

Tina

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dkennedy
dkennedy, Lawyer
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Satisfied Customers: 6,009
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dkennedy :

Hello, I am assuming you mean that you and your son are on the deed. So, no, the home would be considered as separate property, not part of the marital property. The wife could argue in the divorce for a portion of it, but would not be successful. Just to bolster up his "side" you might write up an affidavit and keep it somewhere stating that this house was to be for your son, should you die, and in no way did you intend that it be the property of the wife. That would just allay any arguments that you really meant for it to be for the couple, not just him.

dkennedy
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