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Prenups, different states, marital assets

ladysuccess
New User

Post #1 of 3 (3701 views)

Prenups, different states, marital assets

I am marring for the second time. The two of us live in different States and he is having the prenup drawn up in his State, never of us live in Community Property States. I was having a problem with the prenup at first but now I understand and I am on board with it. We are marrying on February 14 and I plan to purchase property after that, he already has property. Will my purchase of property after the marraige negatively affect the prenup? I don't want his property if the marraige doesn't work and I don't want him to have mine if it doesn't work. Please advise.

(This post was edited by the_admin on Feb 23, 2005, 10:46 AM)

Legal
GettingRemarried.com Legal Advisor

Post #2 of 3 (3695 views)

Re: [ladysuccess] Prenup [In reply to]

Even though neither of you live in a community property state, property attained after the marriage is assumed to be "marital property" unless it is clear that it is not meant to be therefore the prenup should specifically mention this property to be obtained after the marriage and make it clear that in the event of a divorce this property will be considered only your property as if it were aquired before the marriage. It may be wise to make this purchase before the marriage but I would still have it specifically mentioned in the prenuptial agreement.
M. Giordano
Legal Advisor

ladysuccess
New User

Post #3 of 3 (3683 views)

Re: [Legal] Prenup [In reply to]

thank you for the information