Your situation is ripe for mediation. You need to have an attorney draw up a Separation Agreement that should transfer the house to you and your wife as “tenants in common” instead of “as husband and wife.” You can allow your wife and children to continue to live there and keep your interest in the house. You should have a provision in your Will for your children to be your beneficiaries and to receive your interest in the home.
The Separation Agreement should also provide that each may live separate and apart and conduct his/her life as if they were unmarried.
If you keep the proceeds of your inheritance separate from your joint, marital funds, in your name only, it will be deemed Separate Property, not Marital Property, and will be yours alone.
Leonard M. Weiner, Esq. /Divorce Solutions