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  1. #1
    Join Date
    Mar 2010
    Posts
    4

    Default Keeping Property in the Family

    We are building a home on 21 acres. We would like to pass it on to our son. We would like to keep it in the family. Should he get divorced, how can we prevent the property from being divided, sold or part of a divorce settlement.

  2. #2
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Keeping Property in Family

    Tell him to get a pre-nup, if he's not currently married.

    Tell him to get a post-nup, if he is currently married.

    There may be other options available, but those seem like the easiest to me.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Keeping Property in Family

    Quote Quoting cavolo
    View Post
    We are building a home on 21 acres. We would like to pass it on to our son. We would like to keep it in the family. Should he get divorced, how can we prevent the property from being divided, sold or part of a divorce settlement.
    I think you'll find that once the property is his, there is no way that any conditions you make will be enforceable, but a real, live estate attorney could give you information you could rely upon being correct.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Keeping Property in the Family

    It's possible to create a trust that would hold the property over the longer term, but that creates a set of other issues - who would be the trustee, compensation of the trustee, payment of trust expenses, the trust's responsibility to pay taxes and file tax returns, etc.

    An inheritance is generally treated as separate property, but over time through maintenance, improvement, payment of taxes and expenses, refinancing, etc., it can "merge" into the marital estate, subjecting it to the spouse's claim in a divorce.

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