Second husband's rights to the wife's house in Delaware

[katiagal]

What is the name of your state? Delaware

My daughter is getting married again. She owns a house with an outstanding mortgage which we would like to pay off so that the new husband does not have to pay the mortgage and so that the house belongs solely to her (for her kid's sake). The new husband, of course, will have to contribute to its upkeep and property taxes but not the mortgage. Is there a need of any "quit claim" deed or some other legal document which he will have to sign prior to marriage indicating that he has no legal claim on the house in case of a divorce? We want to make sure that our grandchildren will always have a roof over their heads.

Any advice is greatly appreciated.

K.G.What is the name of your state? Delaware

 

[katiagal]

One more question

Should the children's names be on the deed? They are minors. Thank you.

 

[Ohiogal]

Should the children's names be on the deed? They are minors. Thank you.

No they should not.

The new husband, of course, will have to contribute to its upkeep and property taxes but not the mortgage.

Hence the increase in value of the house will be considered marital property.

A prenup may be necessary.

 

[katiagal]

Thank you for your reply. Another question, does the pre-nuptial agreement relating to this house have to be drawn up by an attorney? When I lived in New Jersey, I believe that all one had to do is get a "quit claim" deed on the house if one spouse relinquished his/her right to the house. Does the same apply to Delaware?

Thank you very much for your reply.

 

[Ohiogal]

Thank you for your reply. Another question, does the pre-nuptial agreement relating to this house have to be drawn up by an attorney? When I lived in New Jersey, I believe that all one had to do is get a "quit claim" deed on the house if one spouse relinquished his/her right to the house. Does the same apply to Delaware?

Thank you very much for your reply.

An attorney should definitely do it. A quit claim will not be sufficient.