If I'm married and live in Texas...

[DisneyWhirlGirl]

Can I buy DVC without listing my spouse on the title? I know there are all kinds of legal issues when and if I sell, and I'm not especially worried about that, and I'm not trying to keep anything from him. He's aware, it's more a question of inheritance to his children from a previous marriage, which I'm not even sure we could exclude, but just wondering.

 

[Ice Cream Man]

Im no lawyer, just pretend to be one on DisBoards, but Texas is a community property state, so I think your plan wont work. However, you may try to put the title in a trust, which could achieve your desired results.

 

[Stringer Bell]

Can I buy DVC without listing my spouse on the title? I know there are all kinds of legal issues when and if I sell, and I'm not especially worried about that, and I'm not trying to keep anything from him. He's aware, it's more a question of inheritance to his children from a previous marriage, which I'm not even sure we could exclude, but just wondering.

Absolutely you can - I did when we bought at VGF. My wife doesn't care if her name is on anything - she "didn't want to waste her Disney vacation time". While I signed the papers, she was at the pool with the kids.

 

[CastAStone]

Absolutely you can - I did when we bought at VGF. My wife doesn't care if her name is on anything - she "didn't want to waste her Disney vacation time". While I signed the papers, she was at the pool with the kids.

 

[EM Lawrence]

Can I buy DVC without listing my spouse on the title? I know there are all kinds of legal issues when and if I sell, and I'm not especially worried about that, and I'm not trying to keep anything from him. He's aware, it's more a question of inheritance to his children from a previous marriage, which I'm not even sure we could exclude, but just wondering.

I’m sure you can do it that way. But I would strongly recommend that you get a lawyer to draw up a will and specify how you want your estate handled. Do it the right way, with a real lawyer, and then you won’t have to worry about it!

 

[FinallyFL]

You can have it just in your name but it is still considered community property. Been there, done that. One exception is if you buy it with non-community funds. Probably to be safe you'd need to also pay the MF out of non-community property funds.

 

[tcufrog]

If y'all don't have an estate plan now is the time to do it. Estate plans aren't just for rich people who own estates. They're for people just like you and your DH. It's better to make one before you need one than to need one and not have it. Time to contact an estate planning lawyer.

 

[RoseGold]

I live in a community property state and I'm the only one on my paperwork. There was even a space tp check for that particular choice. I'm an adult who is allowed to own property.

How it is treated in your estate is a whole different question you should deal with in your will with a lawyer.

 

[Brian Noble]

IANAL, but it seems to me that the way to solve a problem with who inherits what would be to draw up a will, not to try to do it by whose name is on what asset.

 

[drusba]

Texas is a community property state, Florida is not. However, if persons from a communiity property state purchase property in Florida, Florida will apply the other state's community property rules to the Florida property. You can purchase in Florida the property in only your name but the Texas community property rules will still apply when it comes to later sale or inheritance of the property and your husband (or possibly his heirs if he is deceased) could have an interest.

If you want to deal with inheritance issues on property, such as to his children by prior marriage, you really need to consider setting up some living trusts.

 

[CarolMN]

Can I buy DVC without listing my spouse on the title? I know there are all kinds of legal issues when and if I sell, and I'm not especially worried about that, and I'm not trying to keep anything from him. He's aware, it's more a question of inheritance to his children from a previous marriage, which I'm not even sure we could exclude, but just wondering.

Yes, you can buy in only your name. But that doesn't have anything to do with who gets it after you die. If you die without a Will, state laws will determine what happens and it may not be what you want to happen.

You need to consult an attorney. Since you don't live in Florida, ask him/her about the advantages of a trust, so your heirs won't have to go through probate in more than one state.

 

[luckygirl0100]

I’m sure you can do it that way. But I would strongly recommend that you get a lawyer to draw up a will and specify how you want your estate handled. Do it the right way, with a real lawyer, and then you won’t have to worry about it!

Yes! I second this advice. My grandmother did not do this and her verbal wishes weren't honored.

 

[Deb & Bill]

Move to Florida when just before he or you dies.