Have a daugther, and a house. I am divorcing my wife. The house was purchased 3 months before I married my current wife. She is the deed. If I decide to leave the home to my wife, and put my daugther as beneficiary, will my wife be able to sell the house later?
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
If the house is marital property, the disposition will of the house will be determined in the divorce proceeding. The fact that your wife is on the deed suggests that you may have made a home that was not marital property into marital property. Of course, you and your wife could always agree to put the home into some sort of trust for the child. You will need to go to mediation as part of the divorce, and you should bring up this issue to discuss.
As my colleagues suggested, the disposition of the marital home is something that will be determined through the divorce. You should consult and hire an attorney for representation on your pending or upcoming divorce.
I agree with Attorneys Morcroft, Longwell and Bernal-Mora but want to expand on leaving your daughter as beneficiary of property. Minors can't hold property valued at more than $15,000 which requires a guardianship be opened. Guardianships are expensive to open and expensive to maintain. Real property costs money to maintain and hold. I don't recommend you leave valuable property to a minor, they are incapable of handling it. You can leave it to them in trust. You shouldn't try to do this yourself, you need an attorney.
If you are asking this from the stand point of a settlement then yes you could do what you are proposing but not the way you are proposing it. I think you are trying to set up a life estate in the home both you and your wife now own with the home to go to you daughter after your wife's death. If that is the case it can be done but it must be done by both you and your wife transferring interest. You cannot do it by your transfer alone.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com
