<p>I guess a key to this… Which I don’t know is can u change title and have this affect who gets what in a divorce?
If you can’t, then the house issue is a smaller deal.</p>
<p>dstark, in his better frames of mind, would your friend have wanted his wife and children protected, even from him?</p>
<p>I know that if my husband or I were in that situation, we would each want the other to do whatever was necessary to protect the kids, the family, the spouse and the finances from the partner in difficulty – even if the partner wasn’t able to articulate that at every point.</p>
<p>Yes.</p>
<p>He is going to sign the papers to change title.</p>
<p>Just got finished reading the entire thread. There certainly is a lot of speculation as to what’s going on. Even though you say your friend is getting “great care” for his depression and anxiety, it certainly doesn’t sound like it’s under control. I hope that this does not end badly.</p>
<p>You can not simply sign over a title - to remove your name from the title the other party has to refinance/finance in their name only. At least that is what a friend found out when looking at the same thing for his divorce settlement. You also cannot change retirement beneficiaries without a spouse’s signature that they are aware they are being removed. Not sure if that has to be notarized though and forgeries are a whole nother ball of wax!</p>
<p>There can be good estate planning reasons to have some assets in each person’s name individually, especially if it is a very large estate.</p>
<p>My friend’s problems are not close to being resolved. He is slightly better than at his worst. His doctor is surprised he is not better than he is.</p>
<p>I think his wife’s life is he’ll with him. H thinks so too. </p>
<p>I don’t think they love each other. That is an opinion. I could be wrong. Nobody I know is reading this. Lol</p>
<p>He may be signing a quitclaim deed. They are often used to transfer properties between family members.</p>
<p>Depression is a mental illness, but having it, even if poorly controlled, does not make one incompetent or invalidate obligations entered into during the disease. People with mental illnesses do not abdicatemthier rights simply by being mentally ill. Just as he has a right to decide on his own treatment, this man has a right to do as he wishes with his property.</p>
<p>Ordinarylives, do u know more?</p>
<p>“This case was distinguished from another appeals court case which involved almost the same facts, but in that case, there was no specific agreement or promise to transfer the property back to joint tenancy and therefore the quitclaim deed was valid thereby denying the wife of any interest in the property.”</p>
<p><a href=“http://www.mvolaw.com/archives/is-a-quitclaim-deed-enforceable-in-a-divorce/[/url]”>http://www.mvolaw.com/archives/is-a-quitclaim-deed-enforceable-in-a-divorce/</a></p>
<p>Looks like a quitclaim deed can eliminate his interest in the property… Forever.</p>
<p>dstark, happy this is not your won story.
Best of luck to your frient, sounds like some couseling or medicaiton is indicated.</p>
<p>[Mental</a> Capacity ? Trusts | Elder-Law-Advocate](<a href=“http://www.elder-law-advocate.com/trusts/trust-contests-litigation/mental-capacity-trusts]Mental”>Mental Capacity - Trusts | Elder-Law-Advocate)</p>
<p>I think that mental illness and the ability to sign legal documents is open for discussion.</p>
<p>I’ve seen it done as a way to transfer property in a divorce settlement. I’ve never known anyone who had a snowball’s chance in heck of getting back their claim, so no, I’m really u sure about reversing these things if the need arose.</p>
<p>Musicmom, thanks. </p>
<p>Number 4 should help him, sax.</p>
<p>I just told him to talk to his lawyer.</p>
<p>Ordinarylives, ok. Thanks. Hopefully, he will get in touch with his lawyer.</p>
<p>“Which I don’t know is can u change title and have this affect who gets what in a divorce?”</p>
<p>Typically, no.</p>
<p>^^In our state, it could only change who gets what when the owner dies.</p>
<p>Good to hear that your friend is going to talk to his attorney, dstark.</p>
<p>While its great if marriages last until Death yadayadayada, but people change and grow or get worse</p>
<p>If you are living with someone who makes you nuts, has serious issues, there is no reason to not get a divorce while still young enough to have a good life.</p>
<p>Will people living longer, I can see people deciding at 50 or 60ish to move on.</p>
<p>If it doesn’t matter in regards to a divorce settlement, it would be likely she is making sure she has immediate access to at least half the assets in case he dies suddenly… Um untreated depression. It is fair for her to ask to be named on 50% and the settlement of wills or probate can take years. My only other thought to add to the discussion is what affect this gives to the ability to borrow on those assets… Either by her or what she may be worried he could take out in debt? Thoughts on this?</p>
<p>I think my social network is pretty large for a man. Lol</p>
<p>Let’s see. One friend got divorced and remarried in the last year and a half. Two separated in the last 6 months. One friend told me he is thinking about separating. He is 60 and he wants some happiness before it is too late.</p>
<p>Bethorama33, I don’t know what the wife is thinking. I think both need to sign to borrow. The h has used the house for loans in the past. I don’t think he is planning on doing that anymore. </p>
<p>Security for the wife is definitely an issue.</p>