How t proetect yourself from a soon-to-be spouse changing their mind regarding who gets the house?y

UPDATED: Jan 16, 2013

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How t proetect yourself from a soon-to-be spouse changing their mind regarding who gets the house?y

My niece is getting divorced. She has 4 children and runs her business from her home. Her husband purchased home in his name, so she is not on loan or deed. He said she could have the house, and she can afford to pay the mortgage. What can she do to protect herself and children if he changes his mind in the future?

Asked on January 16, 2013 under Family Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way for your niece to protect her interests with respect to the house situation that you have written about is for her to consult with a family law attorney to draft up a written agreement setting forth that the niece gets possession of the house subject to her making the mortgage payments for it and the like.

The document needs to be signed by her soon to be former spouse and herself.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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