If a husband offers to fully support his ex-wife andleave her in the home while he fully pays all expenses, can the home be left in both names?

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If a husband offers to fully support his ex-wife andleave her in the home while he fully pays all expenses, can the home be left in both names?

Husband also wants to fully support disabled child. He wants the home in kept in both their names with the survivor to inherit the home.

Asked on September 20, 2011 under Family Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I am fairly sure that as long as your agreements do not go against any laws in the state (such as the amount of child support, etc.) and that you and your wife are fully apprised of your rights by separate counsel (a really good idea here) then as long as you agree to those terms the court should not order other wise.  Be careful, though, about the house.  It is not held as husband and wife with rights of survivorship (either as joint tenants or tenants by the entirety).  That status will change after you are married and it may be a good idea to refile the deed as tenants in common with rights of survivorship (if that is how your state allows same) so that there is a clear intent that the house be inherited by the survivor even though you are not married any longer.  Good luck.


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