Does a Prenuptial agreement protect new assets gained during the marriage?
October 26, 2009 : Posted by: admin : Category: protect assets : Add CommentA stupid hypothetical question:
If I own House A before the marriage and then buy House B with my own money during the marriage (as my income is vastly superior to hers). Does the prenup protect:
A) House A only
B) House A and B
Basically, I don’t want a skanky ass hoe taking something that is rightfully mine as she doesn’t make that much money.
Are there different prenup agreements.
Yes, there are different agreements, whether it’s pre or post marriage. You can pretty much put anything you want in one as long as you will both agree to it. If the time comes, seek legal advice. Laws vary state to state and drawing one up can be very technical.
It is possible to put future assets after marriage in the agreement but to call them "yours no matter what" there can not be even a hint of proof that your spouse contributed financially to its purchase. So when you buy your house, the loan is in your name only, you make the payment from your own account-not a joint account even if you are the major contributor to it. Same with bank accounts, if you transfer money from a joint account to one in your name only, legally the spouse could make a claim against your personal account. However, you can transfer money from a personal account to a joint account and only the joint account is consider a marital asset.
October 26th, 2009 at 6:29 am
Its basically a contract signed before marriage. It can be worded however you choose.
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October 26th, 2009 at 6:42 am
I know what you mean dude but a pre nup is just how it sounds…Pre marriage anything after that is the property of the marriage and there is no protection for either party its all equal shares.
Of course you can always specify in the pre nup about property and money during the marriage but from a womans point of view..well mine anyway, i would be insulted if someone put that on me and wouldnt marry them. See even though she earns less than you, if youre planning on having kids you have to remember she is going to sacrifice her body (and sanity haha) to give you a child and thats worth alot more than any property or money.
Matey if you dont trust her enough to exclude property within the marriage from the prenup then you need to think long and hard before you marry her because if theres no trust then theres no use.
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October 26th, 2009 at 6:51 am
Yes, there are different agreements, whether it’s pre or post marriage. You can pretty much put anything you want in one as long as you will both agree to it. If the time comes, seek legal advice. Laws vary state to state and drawing one up can be very technical.
It is possible to put future assets after marriage in the agreement but to call them "yours no matter what" there can not be even a hint of proof that your spouse contributed financially to its purchase. So when you buy your house, the loan is in your name only, you make the payment from your own account-not a joint account even if you are the major contributor to it. Same with bank accounts, if you transfer money from a joint account to one in your name only, legally the spouse could make a claim against your personal account. However, you can transfer money from a personal account to a joint account and only the joint account is consider a marital asset.
References :
currently working with lawyers on estate planning
October 26th, 2009 at 7:38 am
The pre-nup protects house A.
If you view your wife as a skanky ho because she doesn’t make as much money as you, you don’t deserve a partner.
Even poor women can do better than you.
(By the way – when you get married, there is no such thing as "my own money". Grow up.)
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