Legal Question in Wills and Trusts in North Carolina

my husband wants my house inhis name only..if i do that, can he throw me out?


Asked on 10/03/12, 2:24 pm

1 Answer from Attorneys

That is not the question. You have asked this in the category of "probate & estates." This deals with estate planning or the transfer of assets of deceased person's.

If you and your husband are both alive, why is this question relevant? Are you preparing your wills/trusts? Are things going well in your marriage? Why would do you fear your husband would throw you out? Why does he want the property in his name solely?

I don't know why your husband wants the house transferred or what you are trying to accomplish. If you convey your home outright to your husband, it may have consequences. He could not throw you out, but why would this be an issue? If he wants to get a divorce and one of you will not leave the marital home then either of you could file for a legal separation and ask for exclusive possession the marital residence. If the court grants that, and your husband now owns the house totally, then you might be the one ordered to go. So I would not transfer your home to anyone absent talking to an attorney now about your situation.

This is not really the subject for posting on a public bulletin board. If you want to discuss your situation in confidence, I give free email consults. If you tell me more about your situation, I can at least point you in the right direction if I cannot help. Please contact me at [email protected] if interested. If not, that is fine but I strongly urge you to consult with an attorney about your legal matter before you do anything drastic.

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Answered on 10/03/12, 2:46 pm


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