Originally posted by saving sons
Ok first i am very concerned about my sons futures we are in henderson county and i have primary custody of one son and she has primary custody of the other.As anyone that lives here knows they wont be able to afford a home by the time they grow up. Well anyway my stb x had cheated 3 times on me before our seperation which killed me emotionally. so then she said our marriage had died, Hmmmm i wonder why ??? sorry about that i got off track well anyway she now lives with a friend she used to spend alot of time with right before she let me know about the marriage being over and is planning on marrying him, and having a kid so i do not trust him and i want her name off the title of our house and i want it in my sons names with me and her as caretakers or whatever the appropriate name is . Is there anyway to do this to protect the house for my sons futures ? so that no matter what stupid mistake me or her make in the future the property will be protected for them and only them ?
If you want the marital home to end up with your children, you would both have to make some decisions. If one of you decides to buy the other out by agreement, then that person is the sole owner. You can leave your property to your sons in an estate document (see an attorney that handles wills, trusts and estates.) You may also consider titling the property in away that secures your ability to live in the home during your life time, but ultimately ownership vests with your children upon your death. (See an estates attorneys and/or real estate attorney).
Finally, your agreement can be negotiated to accomplish your goals if you have mutual agreement with your spouse. If on the other hand, you cannot buy-out her interest in the home, it will be more difficult. Other considerations are whether selling the home would be necessary to make your financial distribution equitable.
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