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Protection Of My Children's Inheritence

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Paula

Guest
I am a widow with 2 children. I am involved with a gentelman and we are engaged but with no plans to marry right away because of my Survivor's Benefits from Social Security. This is the problem. When my husband died I was left with little due to the fact he committed suicide. (We lost everything). The only assets left where from the sale of our home which I used to purchase another home with. The house is in my name only. I put down the 20% down payment. All furnishings and everything in my home were purchased by me. My fiancee' was in no way involved in the purchase as he had no assetts or credit to do so. Before I moved into my new home my fiancee' agreed to make the mortgage payments and I would cover all other payments and support my children. (His offer of not "being a freeloader and holding his own"). This situation has turned on me and he now wants to put his name on my home. I am terrified to do this as I am in fear that if I die, he could claim 1/2 of my estate and take what money I had left from my children. He feels that he is putting his money into my home and has nothing to show for it. I agree with him on that aspect, but he almost lives here full time. My question is what can I do to protect myself and children from him making any type of claim on my estate? Also, as mentioned before, I am on a fixed income and cannot afford the mortgage payments on my own. I am in serious trouble of losing my home and ending my relationship with him because of this house. Please help!!!
 


C

Ca Counsel

Guest
You are in a difficult position. If your state is a community property state, your spouse will have some rights to the house regardless of whether he is actually "on title." Most community property states allow a spouse to recover "reimbursement credits" or gain an interest in the property for any money he spends on the mortgage, taxes, repairs, etc. Once you are married, his income is presumptively community property and, again, if used to pay the mortgage, etc., entitles the "community" to reimbursement (in effect, he gets half back). The only way to avoid this result is a written agreement spelling out you and your fiance's rights upon divorce or death. That will require the assistance of a lawyer and your spouse. Most large cities have legal service clinics for people receiving government aid. Start by speaking with an attorney about your rights under the law of your state.
 

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