Methods of holding title

[Sue2000]

My husband and I are getting ready to buy a house in California and I am (the wife) the bread-winner in the family. My husband and I have had marital problems in the past, and I sensed at that time that all he cares about is getting his 50% share of everything.

He basically doesn't work, and doesn't contribute much to our marriage. The only reason we are still together is because we have two little kids, and I don't think that our problems are big enough to prompt a divorce and ruin the kids' lives.

To help our marriage, and to assure my husband that I am on good terms with him, I've included him on the purchase of our house (I've purchased everything in my name in the past.) My only question is how should I best hold title to minimize his chances of getting half of everything I've worked so hard for if we ever have another impasse? Its just not fair that he would get 50% of the house if we were to separate when he doesn't do anything for the kids or to help in bringing money home.

I've been given three choices, Tenancy in common, joint tenancy and community property. Which one is most likely to be in my favor if we ever get divorced.

Please advise.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sue2000:
My husband and I are getting ready to buy a house in California and I am (the wife) the bread-winner in the family. My husband and I have had marital problems in the past, and I sensed at that time that all he cares about is getting his 50% share of everything.

He basically doesn't work, and doesn't contribute much to our marriage. The only reason we are still together is because we have two little kids, and I don't think that our problems are big enough to prompt a divorce and ruin the kids' lives.

To help our marriage, and to assure my husband that I am on good terms with him, I've included him on the purchase of our house (I've purchased everything in my name in the past.) My only question is how should I best hold title to minimize his chances of getting half of everything I've worked so hard for if we ever have another impasse? Its just not fair that he would get 50% of the house if we were to separate when he doesn't do anything for the kids or to help in bringing money home.

I've been given three choices, Tenancy in common, joint tenancy and community property. Which one is most likely to be in my favor if we ever get divorced.

Please advise.<HR></BLOCKQUOTE>

There are 4 ways to hold title:

1) tenant in severalty- only you

2) tenants by the entirety-joint tenancy only for married couples

3) joint tenants- right of survivorship

4) tenants in common- no right of survivorship

In your specifc situation none of these would work. I suggest setting up a trust and having the trust entity hold title with a specifc irrevocable clause that states something to the effect of should there be a divorce, the trust property owners would be you and the kids. Consult with an estate attorney for the specfic details.

 

[Tracey]

It doesn't matter how you hold title. CA is a community property state, and all items purchased with your wages while you're married belong to both of you, unless you can get him to sign a community property agreement waiving any claim to the house. Another option might be to legally separate but continue to live together. Then your wages are your separate property. I don't know if you can do this, though. I like Homie's trust idea too.

Just as an aside, if he doesn't do anything for the kids or the family finances, what *does* he do?

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[HomeGuru]

Just as an aside, if he doesn't do anything for the kids or the family finances, what *does* he do?

The sex and the housework better be that damn good.