Protecting your home in case of divorce

 

Barbara: My daughter purchased a home. She's lived in it for three years, and she is getting ready to get married. When she purchased the home, she used funds that she inherited from her grandmother. She wants to sort of protect her home that if anything happened in the future, she would be able to still be sole owner of that and not have to split her assets 50/50. She lives in the state of Florida.

Attorney Tom Olsen: Well, Barbara, congratulations on her for thinking these terms because the unfortunate reality is that half the people that get married are going to get divorced. Barbara, the good news is that if she keeps this home in her name only and she gets divorced, she's going to leave with it. What am I saying is that the husband may come to her at some point in time and say, "Honey, oh man, if you really love me, you'd add my name to the deed." Hopefully she's going to know better. Now, if this marriage seasons for 10, 15, 20 years, okay, I can see adding his name to the deed, but not until we know for a fact that this marriage is going to last.

Barbara: Okay, so let me ask you a question. As long as she keeps that, does she have to change her name to her married name or can she just keep it just in her maiden name?

Attorney Tom Olsen: Well, if you mean on the deed itself, she does not need to change her name on a deed. If she gets married, she takes on her husband's new last name, she does not need to redo that deed. She can leave it as is.

Barbara: Okay, great. Perfect. Well, thank you very much. I appreciate it.

Attorney Tom Olsen: You're welcome, Barbara. My name is Tom Olsen. The name of the show is Olsen on Law.