If I want to buy a house in my name while I am married, how can I prevent my husband from taking it incase we divorce?

My husband and I are recently married. Before we got married he promised he would provide and I could stay home with the kids. But since, he has been using all of my savings, and complaining about having to provide. I am over 8 months pregnant right now. He borrows from me for things we need and spends his money on things he wants. When I am overdrawn and ask for $5 he gets irritated. Whenever I need anything I’ve been having to take it from my savings.  When I make suggestions about building our credit for a house, he shuts me up. Once I start working after the baby I wouldn’t be surprised if I will have to pay everything if he quits his job. 

I still want to buy a house. And seeing that my husband has texted other women, while calling me ugly and doesn’t seem to care about my well being, I see him leaving me in the future. And because I am Christian it’s against my religion to leave him until he actually sexually cheats or if he wants one then I can sign. 

Is there some paperwork he can sign if I buy a house saying he won’t take it in the event of a divorce? 

13 Answers

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  • MissA
    Lv 7
    2 months ago

    That'd be a question for a lawyer because how assets acquired in marriage are required to be distributed in divorce depends wildly from place to place.

    However since you have zero savings and are apparently routinely overdrawing your bank account it'd seem like this is a problem for the distant future.

  • Foofa
    Lv 7
    2 months ago

    It would be in the realm of a prenuptial agreement but it's usually pretty hard to get a current partner to sign one, especially a partner who's clearly just using you for your money. One wonders why you'd even considering keeping this baby and staying married to someone who' so obviously not really married to you (just to your monitory assets). Your best course of action really would be to get a divorce lawyer and try to get this guy to sign off on giving the baby up for adoption. 

  • 2 months ago

    . Do you live in a place where the law honors community property? If so, anything either of you acquires after marriage is considered owned by both of you(including debts!) and each is entitled to at least half of its worth.   You have big, big problems with this marriage already. There is a very good chance it won't last, therefore, so wait until one of you divorces the other; then, you can buy whatever you want, provided you have enough to do it and don't continue to be "overdrawn" in your accounts. You can also consult an attorney (for big fees!) and arrange to have a post - nuptial agreement that if you buy a house he won't claim half of its value in the event of a divorce. But I bet anything he would refuse to sign such an agreement, nor should he do so. You are going to have your hands full supporting a new baby in any case. There won't be any money to buy said house to begin with.

  • T J
    Lv 7
    2 months ago

    Buy the house after the divorce, otherwise he gets half.

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  • Anonymous
    2 months ago

    I think you are too late. If you buy a house then maybe you can lose it. Because you chose to get married first, and not choose to think about these matters before getting married.

    I am a single male. I don't have a girlfriend, or wife, or children.

    Currently I am trying to figure out how I can buy property, for me. If I do end up buying property then it's going to be legally in my name.

    If I ever do get married then before I get married then I will speak with a lawyer, so I can try to figure out if it's possible, for me to lose whatever I have. I personally don't think I could lose anything. Because everything I would have would be legally in my name.

    I am thinking of making a prenuptial agreement if, and before I get married, but I don't know if that would do any good.

    Lastly I think you chose to do things in reverse. I am looking, for a place to live. I am not married, and I don't have children. You chose to get married, and get pregnant, and NOW you are thinking about buying a home WOW.

    I recommend you speak with a lawyer before thinking about doing anything with your life. I think maybe you might have put yourself in a bad position!!!

  • 2 months ago

    Sure, there are all sorts of legal papers that can be drawn up. Different states have different property laws regarding spouses. Perhaps you need a 15 minute phone call with a property attorney to get appropriate legal action advice for your state. It'll cost you but might be well worth the investment. 

  • n2mama
    Lv 7
    2 months ago

    Yes, you could have a lawyer draw up paperwork  like a post nuptial agreement that would stipulate that he wouldn’t take the house in the event of a divorce. It doesn’t sound like that would be very likely though. For one thing, based on what you’ve said here, I have trouble believing that he’d be willing to sign such a thing. Secondly, for that to work you would likely need to get the deed and the mortgage in your own name. This would mean you’d need to qualify for the mortgage with only your income and credit (which will limit how much you can borrow), and if you’re so hard up financially that you are ending up overdrawn and having to beg him for $5, you probably aren’t in the financial condition to buy a house. Plus, if he’s not on the mortgage or the deed, you shouldn’t expect him to pay anything toward the housing costs, like the mortgage or property tax, so that would be entirely on you. So there goes your thoughts that you’d stay home with the kids while he provides, because honestly, he’d be stupid to pay for a house he has no ownership in.

    It sounds like you picked a real winner for a husband there. I reject your statement that because you are a Christian you can’t get a divorce, there are plenty of Christian women who file for divorce. You are setting yourself up to raise your child in an abusive household, until your husband gets tired of you and files for divorce. Why would you choose that?

  • 2 months ago

    50/50 in most states

  • Ivan
    Lv 5
    2 months ago

    You can have the deed recorded as your sole and singular property, but you should probably talk to an attorney first, because it may still be considered community property and a marital asset.

  • Anonymous
    2 months ago

    You're going to have to make up better stories if you're going to spend the day in Trollville.

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