Including wife in title to house requires legal advice
Q : I bought a home several years ago. I have since gotten married and my wife wants to be on the title to the house. Can I just convey one half to her?
A : It isn’t that simple. If she pays nothing for it, it might be her separate property as a gift. It may not be a part of the community estate then. If there is no conveyance, it is still her homestead and you can’t sell it without her agreeing to it. Sit down with an experienced real estate lawyer and discuss all your issues before you make any choices.
Q : My sister and I are co-executors of our mother’s estate. We can’t agree on anything, and I think she’s stealing money from the estate account (she has the authority to write checks). I don’t want to go to the expense of hiring more lawyers. How can I get her to account for all of this?
A : Ah, families. You will need legal help here. Depending on the size of the estate, this is no time to hesitate. Find a good, experienced probate litigator.
Q : My wife and I are still married, but we are aging and want to split up our assets for purposes of estate planning. Can we do this in a community property state?
A : Sure. You can partition your property and agree that it is your separate property. Sounds like you have separate ideas for your estates. Be careful.
Q : My husband wants to build a pool in our backyard. He insists it adds a lot to the value to our house. It is very expensive and I am not so sure. Does it add value?
A : Ask six or seven appraisers. You may get six or seven different answers. It may add value, but you can limit your purchasers. Many people don’t like having a swimming pool. They are expensive to maintain and can create additional liability issues.
To send a question visit www.AskGeorge.net and select the “Ask a question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in residential and commercial real estate law.