What to do if my husband of 10 years will be purchasing our first home but only his name will be on the deed?

He is financing it and he does not want me to have any legal interest in the home; he asked me to sign a notarized letter stating such. Now, he has changed this up and said he will be putting the house in trust. He claims this because he feels I am financially unstable and doesn’t want my “student loans” to come back (which I’m paying) and someone to sue him. Can he do this? If we divorce will my daughter and I be left in the dark?

Asked on September 5, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I certainly hoped you signed nothing.  I think that the issues here are far bigger than whose name the house is in and you need to get to the bottom of that matter.  But just so you know a home purchased during a marriage is considered to be marital proeprty regardless of whose name it is in.  Sign no documents waiving anything and have an attorney look at all of them.  Money earned during a marriage is also marital property.  Good luck.


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