More details to this question:
My husband and I have been married 11 years. The house we've lived in was mine before the marriage. He had an affair and wants a second chance, but I'm not so sure. Because of the affair and ONLY because of the affair, we want to move. Can I get a prenup for the new house to be my sole property if we divorce? If I die first, will I still be able to will it to my children? There are no children of this marriage. We live in Texas. Please advise.
1 ANSWER
While I am not familiar with Texas law, and it is possible that it is different, in the jurisdictions in which I practice you can have a valid post-nuptial agreement which would make the house your separate property (it's not a "pre-nup" because you are already married.) There are a technical requirements for a valid post-nup, so you probably should consult a Texas lawyer rather than try to do it yourself. Such an agreement would allow you to leave the house to your children even if you die first, as your husband would waive any rights he might otherwise have.
Answered on Sep 15th, 2015 at 12:15 PM