QUESTION

Prenups/marriage info

Asked on Mar 12th, 2015 on Family Law - Virginia
More details to this question:
I am from FL and 4 years ago I moved to VA for a job. I have property in FL. Some are paid off, some still have a mortgage under my name.Also, I have Will naming my mother as the sole beneficiary. My boyfriend from VA just proposed to me. For building a solid prenup, Do I need a family law attorney in VA or in FL? Background info: We have a good jobs, mine is 80k/ year, my boyfriend gets 120k/year. Also, he has an apartment in VA, but I am not interested in claiming his property. Once we live in one place together from scratch is different. We both have good credit but he spends more than me. 1) Do I need to be responsible for all his debts once we get married? Do I need to add this in a prenup? 2) Does it make sense to have separate credit, separate bank accounts, and file Taxes separately? 3)Concern about individual credit cards, if one person in the marriage owes more money to creditors than the other, all post-marital debts will be equally split in half?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You can enter into a prenuptial in whichever state, it makes no difference where it is signed.  Most contracts will specify which state's laws it will be interpreted under.  So if you have a preference as to where you would most likely be enforced, then you probably want to have a lawyer in that state draw it up for you.  1. No, you do not need to responsible for his debts, once you are married.  Just don't co-sign anything with him.  Third party creditors cannot come after you for debts you did not personally incur. 2. It makes sense to have separate accounts if you want to keep things simpler and clearer.  3. See number 1 above. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    
Answered on Mar 14th, 2015 at 5:11 PM

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