Posted by JT-IN on July 11, 2002 at 18:17:10:
The difficult part in this is to get the spouse to agree to step aside, and sign those pesky papers. It seems taht you have that committment from the soon to be X Husband.
All that is required is to have a Quit Claim Deed prepared for each property, have him sign them in the presence fo a Notary, and your wish is granted. You will be the sole owner.
I whole heartedly suggest using an Atty to prepare, execute and record these docs for you.
Now to a bigger question… What is the prupose of the Land Trust? You will not be violating any DOS clause by this transfer, and no need to hide this transaction from anyone, unless there is some other contingent liablity that may be coming about as part of the divorce or other means. If not, then don’t sweat the Land Trust thing. If so, you may (and should) want more advice on asset protection than you will get right here on this site. Of course the site is great, but the level of advice required for specialized problems is best dealt with via a hands on basis.
Just the way that I view things…