property problems

[slimi]

What is the name of your state?Florida
My husband and I have had trouble for a while now.
Since we purchased a house and only my name was on it,now since things got worse
he insisted I take the name off it,I only added his son's name with a quitclaim deed.
Reason is that the house was bought with money he was gifted by his family,now he wants me to get out and take my name off it completely,I don't know what will happen if I do that , the house will stay on the son's name only(that's his previous marriage)
I do not want to do that and find myself out on the street.
He says I have no right to take anything since the place should go to his two kids (son & daughter) .
I don't want to "take" anything from anyone but I have to get myself started somewhere else.
What will happen if I take my name off the house and have it on the son's name?
Please need an answer ASAP.
Thank you.

 

[LdiJ]

What is the name of your state?Florida
My husband and I have had trouble for a while now.
Since we purchased a house and only my name was on it,now since things got worse
he insisted I take the name off it,I only added his son's name with a quitclaim deed.
Reason is that the house was bought with money he was gifted by his family,now he wants me to get out and take my name off it completely,I don't know what will happen if I do that , the house will stay on the son's name only(that's his previous marriage)
I do not want to do that and find myself out on the street.
He says I have no right to take anything since the place should go to his two kids (son & daughter) .
I don't want to "take" anything from anyone but I have to get myself started somewhere else.
What will happen if I take my name off the house and have it on the son's name?
Please need an answer ASAP.
Thank you.

Does the house have a mortgage? Whose name is on the mortgage? Who is making the mortgage payments? How long have you been married?

 

[mistoffolees]

Does the house have a mortgage? Whose name is on the mortgage? Who is making the mortgage payments? How long have you been married?

Regardless of the answers to those questions, he can't throw her out of the house without a court order (which it would be hard for him to get) - since her name is on the title. And he can no longer claim that it's 'his' house since they've clearly comingled the gift with other things (and since her name is on the title). She should NOT add the son's name to the title if she hasn't done so already (the OP isn't clear).

She needs to see an attorney ASAP to protect her rights and not sign anything without the attorney's approval.

 

[slimi]

First I want to thank you guys for your reply
The thing is I had no choice of the matter he insisted I take my name off,and I just added the son's name with mine in a quitclaim deed.
There is no mortgage it's paid in full,he keeps getting in these "moods" and demands I take my name off the totally and I just stall it,I have no idea what to do in this matter I'm kind of afraid to get an attorney(from his reaction) All I want is just to get myself settled in a different place and I will be willing to remove my name from the house.

 

[slimi]

We have been married for 7 years,got married after 9/11/
You know which 9/11 I'm talking about .... 9/11/2001

 

[LdiJ]

First I want to thank you guys for your reply
The thing is I had no choice of the matter he insisted I take my name off,and I just added the son's name with mine in a quitclaim deed.
There is no mortgage it's paid in full,he keeps getting in these "moods" and demands I take my name off the totally and I just stall it,I have no idea what to do in this matter I'm kind of afraid to get an attorney(from his reaction) All I want is just to get myself settled in a different place and I will be willing to remove my name from the house.

You had a choice. You did not have to agree to do what he was insisting that you do. You also do not have to agree with what he is insisting that you do now. It might be morally fair, depending on the overall circumstances, but legally you absolutely do not have to do it.

Its really wierd in the first place that he paid cash for a home but put it in your name. That tends to indicate that he was hiding assets from someone.

You really do need to get yourself an attorney....and a consult with a tax professional as well, depending on the overall value of the property. You gifted 1/2 of it to his son when you signed the original quit claim, and you probably needed to file a gift tax return when you did so....and I doubt that you did.

 

[slimi]

question

By adding the son's name to the house does that still requires me to do so?the tax gift?
I just added his name to mine on it.Thank you in advance

 

[slimi]

need an attorney

I need to get an attorney asap I don't know how to get one,do you have any suggestions?

 

[Ozark_Sophist]

You gave the son half the house by placing his name on the house.

A lawyer referral line for your state, click on find a lawyer to the left, or the phone book. Explain the circumstances and as if s/he provides a free consult. Also stress the need for confidentiality if you are truely worried about a negative response from your spouse.

 

[mistoffolees]

Its really wierd in the first place that he paid cash for a home but put it in your name. That tends to indicate that he was hiding assets from someone.

The fact that he wants the house in his son's name rather than his own (or a trust if he's worried about estate taxes) suggests that, as well.

She should make sure she has a good forensic accountant.