Phoenix, AZ asked in Estate Planning for Arizona

Q: Refinancing will only be in Husbands name. How do I protect home in my name as well and not lose if we should separate

My husband is not my sons biological father and I want my son to have my home if something should happen to me. Although my husband is on the Mortgage it is my home.

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2 Lawyer Answers
Andre L. Pennington
Andre L. Pennington
PREMIUM
Answered
  • Estate Planning Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: You’ll want to consult an experienced estate planning attorney to help you set this up correctly.

Gregory Christopher Poulos agrees with this answer

1 user found this answer helpful

Gregory Christopher Poulos
Gregory Christopher Poulos
Answered
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: I agree with Mr. Pennington. I have seen too many cases where this is not done properly and when one party dies, the failure to plan this out creates very unintended and unfortunate events. This is further complicated by the fact that you are married. If you want to protect the potential gift of the property to your son, you really need to consult with an attorney. Doing it alone with the use of Quitclaim deeds or however is a recipe for problems.

1 user found this answer helpful

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