Legal Question in Real Estate Law in District of Columbia

Adding my son's name to my house

My wife passed away last year and I want to add my 31 yr. old son's name to my house. If my son gets married and the marriage ends in divorce would his ex-wife be entitled to 1/4 of my son's 1/2 of the property in a divorce settlement?


Asked on 9/30/07, 12:14 am

2 Answers from Attorneys

Carter Ferrington Bar Adon Vogel PLLC

Re: Adding my son's name to my house

Generally not, although he would be entitled togive his interest in his home to her as part of a settlenent in exchange for assets that she was entitled to. You have touched on only one of the things which could happen if you give a half interest in your property away. This interest, for example, could be attached by a creditor, or by a judgement in a lawsuit. When you give away half of your home, you give up control over what happens with that half and may either end up as half owner with someone you didn't intend to co-own with or (more likely) could be forced to sell the home if your son or a successor in interest wants to cash out.

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Answered on 9/30/07, 9:52 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Adding my son's name to my house

Not a good idea, for many different reasons, including the possiblity that

you and your son could disagree on various matters in the future, including how your property may be used. Also, if he takes title to his one half undivided interst in the whole property under a deed of gift, there may be adverse tax consequences.

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Answered on 9/30/07, 10:26 am


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