Q: How do I vest a title for a "gift" house to my daughter to ensure her spouse has no claim to it in the case of divorce?
The house is in Oregon. My husband and I own the house outright. My daughter's family has lived in it for nearly 2 years as renters. We see the house as our daughter's inheritance, she's just getting it before we die. We want to ensure it remains her house even if she and her husband get divorced, and that he has no claim to it. In the case of her death, we want her children to have it.
A: A Future Interests Deed from you all to your Daughter for Life, then Remainder over to the named Grandchildren as Tenants In Common would be a possibility. Many other conveyances might also work well. Hire a competent UT attorney to draft, execute and record it. Tax consequences should also be considered, but should be minimal. Remember someone has to pay taxes and insurance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.