Posted on: 16th Oct, 2008 07:06 am
my fiance owns the home we are living in. over the years, i have invested in substantial upgrades, renovations, etc. upon which i feel provides for strong financial interest in said property. fiance agrees and is amenable to my request.
my question is this: i want to secure my ownership interest in this property prior to marriage to: a) preclude it from being declared a pre-marital asset in case of a future divorce down the road, and; b) prevent his children from claiming interest and contesting any will upon death
can this be done through a simple "quit claim deed" transaction notarized by a bank, etc. or do i have to go through the process of the quit claim and filing for a deed change at the courthouse and paying the appropriate fees (which by the way are substantial in and of themselves). and, are estate planning or real estate attnys required, as well?
we are trying to perform this protection method prior to our marriage without a huge outlay of cash.
please advise. thanks.
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my question is this: i want to secure my ownership interest in this property prior to marriage to: a) preclude it from being declared a pre-marital asset in case of a future divorce down the road, and; b) prevent his children from claiming interest and contesting any will upon death
can this be done through a simple "quit claim deed" transaction notarized by a bank, etc. or do i have to go through the process of the quit claim and filing for a deed change at the courthouse and paying the appropriate fees (which by the way are substantial in and of themselves). and, are estate planning or real estate attnys required, as well?
we are trying to perform this protection method prior to our marriage without a huge outlay of cash.
please advise. thanks.
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Man... people are planning for future divorces before they even get married now?
all joking aside, I strongly recommend looking up a local title company and asking them your specific questions. Normally you would talk to a real estate attorney but since you want to do it cheap I recommend calling a title company. They know the laws. They have a lawyer on staff and you can get free advice that way :)
The laws vary from state to state so it's difficult to give a concrete answer wtihout more details.
all joking aside, I strongly recommend looking up a local title company and asking them your specific questions. Normally you would talk to a real estate attorney but since you want to do it cheap I recommend calling a title company. They know the laws. They have a lawyer on staff and you can get free advice that way :)
The laws vary from state to state so it's difficult to give a concrete answer wtihout more details.
Hi dchiarle!
Welcome to Forums!
If you want to ensure your ownership and interest in the property, you can go in for a quitclaim deed. You will get online quitclaim deed forms but it is always better to draft it from an attorney. Then notarize and record the deed.
Feel free to ask if you have further queries.
Sussane
Welcome to Forums!
If you want to ensure your ownership and interest in the property, you can go in for a quitclaim deed. You will get online quitclaim deed forms but it is always better to draft it from an attorney. Then notarize and record the deed.
Feel free to ask if you have further queries.
Sussane