If I may be coming into some money and can payoff my mortgage, after doing so how can I best protect my wife’s interests from my ex-wife?

Should I quit claim the deed to my current wife after it’s paid off? My wife believes that my ex-wife will sue her for the house (of which she is not on the deed or mortgage) if I die. She thinks I should do this to protect her from my ex-wife. Am I crazy, or is this a terrible thing to ask your spouse? Or is she doing the right thing as far as legal protection goes? She’s afraid my ex-wife will sue her for money if I die.

Asked on July 13, 2015 under Estate Planning, Washington


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

Answered 5 years ago | Contributor

First of all, any inheritance is separate property both from your ex-wife AND your present wife. So may I nsuggtes that you keep it in a separate account until such time as you decide what you are going to do with it?  Second, why would your EX wife sue about the house?  Was it given to you in the divorce settlement?  Then she has no claim to any of it.  I would strongly suggest that you seek consultation in your area on both these matters.  Good luck.

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