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marriage and assets

  • 05-01-2010 7:54pm
    #1
    steveburlo
    Closed Accounts Posts: 1 ✭


    Hi.I know I should get propper legal advice on this(and will) but anyway, My mother died a few years ago and left the house to myself and my 2 brothers, our 3 names are on the deeds no outstanding mortgage. I am getting married in a few months and am wondering if 10, 15 years down the road(or maybe before!) we split up, could i be made sell the house and kick my brothers out, she has never lived there, and i am not looking for anything from them. i consider it my family home and want it to stay that way. could i sign the house over to my brothers before we get married? get a prenup? or would she even have a claim in the first place? anyway i dont ever plan for this to happen but then most people who get married dont!

    Thank you for any help in advance.
    Steve


Comments

  • #2
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    It is very very good that you are considering this now before you get hitched. You also must consider the possibility that you die and she gets your share of the brothers house!

    If you genuinely don't want any financial interest in it then you are probably correct to sign over to your brothers beforehand.

    But please note my advice is totally amateur so go see a solicitor.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Take advice from a solicitor as you suggest. The asset will be or is jointly held, it is true to suggest that in a nuclear scenario your ex-wife's entitlement would potentially be half of everything you own in real terms. As the house you mention in the hypothetical example is jointly held, it is unlikely, very, very unlikely that this would happen.

    So consider that doing nothing might well be the best option here. She might have half of your third jointly owned. If you catch my drift. Signing over and/or selling your share is also complex. Most familial property crashes are a result of interfering in-laws or marriage failure.

    Tom


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