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.
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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.
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