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Just bought a house, now getting married. Do I need a prenup?
Anonymous4 views8 answers
I just spent all my assets on purchasing a home. Do I need a prenup to protect this house in case of a divorce, if it had been bought before we get married??
Thank you.
There is no doubt that a prenuptial agreement is your safest option. If that is a route you or your spouse don’t want to consider, a timely and carefully crafted asset protection plan is an excellent option.
The answers to the question which and how much legal tools your planning should include depend on what kind of assets you seek to protect (a business, investment real estate, bank and brokerage accounts, etc.) and their total net worth. In your case, this is : what is the fair market value of your home, do you have full equity and do you have any other significant assets you seek to protect?
In my opinion, which is shared by a growing number of estate and assets protection planning attorneys, any plan that protects a net worth above the 400-500k benchmark should include an exit strategy that allows you to take (the ownership of) your assets out of reach of US courts.
In other words, if the net worth you seek to protect from a future ex-spouse is above the 500k, a domestic asset protection plan is not a good idea.
Timing is crucial. A sound and legitimate asset protection plan should be tax neutral and not compromise ownership or control.
You should schedule a consultation with an attorney that has proven expertise in the area of asset protection planning.
It depends. Will you be paying a mortgage during the marriage? If you paid for the house in full then the house is considered separate property obtained before marriage and should not be subject to equitable distribution. If you feel that you need to draft a prenup to protect the rest of your assets then you should consult a matrimonial attorney.
The house is separate property..but the appreciation during the marriage is marital property. If you have a mortgage and you make monthly payment with marital assets you may be possibly converting the asset to marital property. Have a consultation with a divorce attorney.
Yes. Your spouse might be entitled to any appreciation of the property's value during the marriage and if he contributes towards same, which is not hard to prove
If you want to keep the house completely separate then, yes, you should have a pre nup. If you pay the mortgage at any point with marital assets or there is any "active" appreciation during the marriage your wife could be entitled to recoup one half of the payments made and one half the value of the appreciation. A carefully crafted pre nup will protect you against this. If you do go this route, make sure you have an experienced attorney draft it, as there are certain requirements for a valid pre nup, and if they are not included you could have trouble enforcing it in the event of a divorce.
The best way for you to protect this premarital asset is to have a prenuptial agreement drawn up. It can be prepared prior to your marriage and is a very cost effective way to protect your house. Good luck and congratulations.
Brian Daniel PerskinDivorce / Separation LawyerNew York, NY ·
If there is any property or other assets (large amounts of money, investments, etc.), then I always encourage the use of a prenup. Its the smartest and safest strategy in case your marriage ends in divorce.