Q: My wife and I are trying to come to a settlement agreement to proceed with a divorce. The house is in both names.
Can I leave her the house after I pass away in a manner that guarantees her the house?
A: Yes, that is possible, but it will take a lawyer's assistance most likely. You should include a specific provision in the settlement agreement AND execute (sign) an appropriate deed or order that can be recorded at the local register of deeds. Don't forget to address future expenses (upkeep and maintainence, taxes and insurance) as well as any existing mortgages or deeds of trust ( debt on the property).
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