How to eliminate wife rights on a property I am purchasing?

11 Replies

Hi. 

My wife and I married only for less than a year. 

I am about to purchase turn key property in Ohio, for the money I made before we even knew each other. 

Everything is fine, but my wife always listens and does what her mom will tell her to do. And that is my concern. In case of a divorce, mother in law will tell her to get everything from me (so she can have more storage to hoard her stuff). 

I do not have LLS set up, but I will be the only on a title and  the loan is only on my name.

So am I protected enough?

Or is there like a waiver my wife can sign? And if yes, who would provide that waiver? Title company? 

Thank you 

When you were married you became one, for your self and your wife I suggest you get on the same page.  If you start off hiding stuff its going to go down a dark and dangerous path.

You definitely want an attorney for this.  It will have to be a "post-nuptial" agreement, I suspect.  My guess is that she would have to sign her rights away.  In my state, it's usual that both spouses go on the title as  "joint tenants with the right of survivorship."


I am definitely not an attorney.  You should consult with one or two.

There are some states, like mine in Virginia, that if using only your own funds earned before the marriage or gift or inheritance, and it's kept separate, than it may be considered separate property.  But definitely consult a lawyer.  It's my understanding (I'm not a lawyer, no legal advice) that if you use marital funds, like your own funds for down payment and mortgage in your name only but then you later on make a payment from a joint account or use marital funds to put a new roof on it, that it may no longer be separate property.  And some states don't even allow separate property if it's purchased during the marriage.    

Wow @Jake Johnson .  Did you really post all that in a public forum?  If I were you I would delete this thread.  From the perspective of someone who has been married for 27 years, your marriage is doomed unless you change your perspective. If you and your wife don’t team up and commit to each other to go concur the world, your marriage will never make it.  You talking this way to a forum of strangers is way worst than her talking to her own mom, and the fact that this has not occurred to you says a lot about how you two treat each other. If I had a daughter who was married to someone with your mentality, I sure would be coaching her to protect herself too.  (Of course I’m wise enough to not share my opinion or get involved with my kids relationships unless asked.) Please get some marriage counseling and put investing on hold for now. You cannot build an empire without a firm foundation unless you want it to all come crumbling down. 

Talk to a lawyer.  Chances are what's hers is your and what's yours is hers now that you are married unless you had a pre-nup or some similar arrangement.  This should have been discussed before you got married.  It's unfortunate that she depends on her mom and can't make her own decisions.  Sit down and talk.

what I have seen is in community law states the closer will want the wife to sign a  quit claim deed.

Originally posted by @Jay Hinrichs :

what I have seen is in community law states the closer will want the wife to sign a  quit claim deed.

Same here if not owning as JTWROS. My wife and I often purchase separately when using a loan so we don't burden both of our credit and loan limits with the same loan. The lenders require a quitclaim deed and only allow one of us on title. 

Not sure if that's a west thing or community property state thing. I've seen others in the Midwest for instance say only one spouse was on the loan but both on title. Not happening out here.

But unlike the OP, we want to make sure we are both protected. She is the sole owner of our primary for instance. I am sole owner of other rentals. She is my wife and partner. We have assets. We have liabilities.  We have kids. There is no I in anything important.

OP, since you are purchasing post-marriage, I think you're out of luck.  Research whether your state and the state you are buying (OH) are community property states or not.  Most likely you will need a quitclaim from her and to forever only pay anything towards this house from a separate personal account of yours.  Helluva way to start a marriage. Honeymoon phase LOL

Originally posted by @Steve Vaughan :
Originally posted by @Jay Hinrichs:

what I have seen is in community law states the closer will want the wife to sign a  quit claim deed.

Same here if not owning as JTWROS. My wife and I often purchase separately when using a loan so we don't burden both of our credit and loan limits with the same loan. The lenders require a quitclaim deed and only allow one of us on title. 

Not sure if that's a west thing or community property state thing. I've seen others in the Midwest for instance say only one spouse was on the loan but both on title. Not happening out here.

But unlike the OP, we want to make sure we are both protected. She is the sole owner of our primary for instance. I am sole owner of other rentals. She is my wife and partner. We have assets. We have liabilities.  We have kids. There is no I in anything important.

OP, since you are purchasing post-marriage, I think you're out of luck.  Research whether your state and the state you are buying (OH) are community property states or not.  Most likely you will need a quitclaim from her and to forever only pay anything towards this house from a separate personal account of yours.  Helluva way to start a marriage. Honeymoon phase LOL

ONe turn key rental though I would not go all hog wild on spending money on setting things up.. there is very little to protect and if its mid west type thing its not like us on the west coast were we wake up 10 years later and the properties has doubled or tripled in value.. those markets values are quite stable don't go up don't go down.. and as long as he is spending his cash cash flow. NOt going to be much to hide from the evil mother in law :)