Expert: Dick Dennis - 6/2/2009

Question
I have what I think is a simple question. My husband and I jointly own a sizable piece of property, both our names have been on the deed for about 30 years. During some rocky times, I mentioned divorce and splitting the property. My husband has said he will sign over his half interest in the property to our son without my consent to keep me from involving the property in any type of settlement.Can he do this?  Can he just give away his half of the property without my consent?
Thank you for your time.
Chris

Answer
Very simply put, Chris . . .yes. But there is a caveat. He may deed his 50% (or whatever percentage he owns) to anyone he chooses. However, there are a couple things your divorce attorney may address with the judge. One, is that since your husband has already voiced his desire to give his interest in the property to impede your use or conveying of the property, the attorney would address this to the judge and the judge just may rescind the conveyance to your son if it affects how the assets are divided.

When you give property to someone, that someone must be willing to accept the property. Otherwise, the gifting of the property would not be valid. So, yes, he can give his interest in the property to your son with the above buts. Or, you might want to investigate how the property may actually be physically divided with separate identifications and tax records. If your ever son chooses not to pay his share of the property taxes, a real estate attorney may need to be in the picture to protect your interests. Further, an estate attorney may need to settle how the IRS is going to enter the picture.

So, yes, it is not as simple as you originally stated, Chris. I do wish you well.

Dick Dennis