QUESTION
How do I go about the post nuptial my husband is asking for and make sure we get 50/50?
Asked on Oct 10th, 2013 on Divorce - Texas
More details to this question:
My husband of 10 years together 17! Just asked me for a post nuptial. He was worth more than me at time of marriage but we now own two homes together and I have balanced check books, traveled and done office work for 13 years without compensation not to mention he took money from his pre marital accounts and deposited into our joint account! In this post nuptial, should I bargain and negotiate as if a divorce or can I ask for a set amount of money in my name and a retirement account with 1/2 our worth in it? We both have kids from previous marriages and I want to know if I die first my son receives my 1/2 assets instead of his kids receiving all our money, retirement and houses.
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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1. Talk to divorce attorney. 2. Post nup is usually called a marital settlement agreement. It is how you consentally Close a marriage.
Answered on Oct 14th, 2013 at 2:54 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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You need your own attorney, separate from your husband's attorney.
Answered on Oct 11th, 2013 at 3:24 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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If you can afford it (and it appears you can), don't ask questions like this online; find an experienced, skilled lawyer and meet with that lawyer in person. Expect to pay a consultation fee, but consider it money well spent. You get what you pay for.
Answered on Oct 10th, 2013 at 5:44 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What you can reasonably bargain for depends on a myriad of issues. You do not have to agree to a post nuptial agreement at all. You have to address every asset separately to see what was earned during the marriage or paid for with marital funds (earnings during the marriage). Those things should certainly be construed as community property which, if you divorce, is not necessarily 50/50. It just has to be fair (equitable). The other question to ask is why is he wanting this now? Is he getting ready for a divorce? Please find a lawyer to help you with this. It's complicated and if you sign it without legal advice, you're stuck with it.
Answered on Oct 10th, 2013 at 4:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with a local attorney and go through all of the details. It may be that your husband wants the same thing you do, that at least half his assets go to his kids. You won't know what is going on until he tells you what he wants.
Answered on Oct 10th, 2013 at 4:57 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your question is too broad to answer and there are too many facets to property agreements to provide you with an outline of suggestions.
Answered on Oct 10th, 2013 at 4:33 PM