Q: Can I add wife to house title and them make postnuptial agreement stating that she owns nothing in case of divorce?
I’m married and in the process of buying new home from my own personal money. Friends are telling me to add my wife to the new house title, so in case of my death, she can keep the property without the hustle of going through the court system to keep it. But at the same time, I told her that this is not a gift and am only doing it for the case of my death, and so in case of divorce she cant claim anything from this property.
How can I do this? Can I add her to the title and them make postnuptial agreement stating that she owns nothing in case of divorce? Or is there another way?
A: No. Once she's on the deed, she is an owner. You should consider a lady bird deed. But keep in mind that in case of divorce, a spouse always has a property interest in real estate regardless of what you do, absent a well drafted post-nuptual agreement.
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