CJP: I just spoke with someone about a situation like this yesterday. S/he deeded his/her inherited property with an internet deed to spouse, forgot to include him/herself on the new deed, several years passed, and now spouse just walked out of the marriage with a substantial portion of their personal possessions while s/he was at work AND still has title to what was once separate, inherited property. I regretfully let that person know I’m the wrong kind of lawyer for your problems now.
“Myth 2: Adding a spouse or partner to a home deed is the best way to protect them
“This mistake often starts with good intentions.
“Someone who owned a home before a marriage or relationship may add a spouse or partner to the deed as a sign of commitment or to ensure their spouse or partner is protected, but Sheehan said changing the deed also changes legal ownership of the property.
“If the new co-owner faces creditor problems, a breakup or divorce, their ownership interest can be reached by that creditor. Problems can also arise after death if there is no estate plan outlining what should happen to the home.
“Sheehan has seen this firsthand. In one case, a woman had fully paid for her home before adding her husband to the deed. After he died without a will, part of his ownership interest ultimately passed to several relatives the woman had never met. Now she shares her home ownership with strangers.
“ ‘You don’t want what you’ve worked and struggled for to disappear because you were trying to be kind,’ Sheehan said.”
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● “2 estate planning mistakes this Austin-area attorney wants homeowners to stop making,” Community Impact, 10/9/26:
ARTICLE LINK: https://communityimpact.com/sponsored/2-estate-planning-mistakes-this-austin-area-attorney-wants-homeowners-to-stop-making/
#estateplanning #trusts #secondmarriage #separateproperty #communityproperty