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Alright, so I am getting married, and as much as I love my fiance, he is not doing well right now. He just graduated from law school, so as I am sure you all can understand, he has had a great deal of trouble finding a job. In the long run, I am sure that he will be making more money than me, but for the moment, I have some significant investments that my grandfather left me that may help support both of us in the first few years of marriage and that I intend to use as a down payment on a house for us in the long run. As much as I do not want to think about getting divorced right now, I am a little worried that if we do get a divorce down the line, I will have used up my money on our life together, but he will still have a more lucrative career. What would happen if we got divorced after I had used my money on a down payment for a house? What would I be entitled to? And most importantly, would it be beneficial to me to get a pre-nup?
6 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Since you are marrying a lawyer, and you may be spending all of your separate property to support the family it would be utterly foolish not to obtain a prenuptial agreement, unless you intend on giving away your inheritance.
Answered on May 27th, 2015 at 11:42 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I cannot justify giving you free, skimpy advice so that you can skimp on common sense and due diligence. Get an attorney and a pre-nup. In the process you'll be forced to reflect on why you are marrying and how to avoid financing your husband to be.
Answered on May 27th, 2015 at 4:26 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would be beneficial for you to counsel with an attorney and learn your options.
Answered on May 27th, 2015 at 12:10 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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A Pre-nuptial agreement is an excellent idea. If you buy a home during the marriage, it becomes a marital asset. However if you used your pre-marital funds as the down payment, you may be able to recoup that.
Answered on May 27th, 2015 at 12:07 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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GET A PRENUP. Depending on how the prenup is written (get a lawyer experienced at doing prenups) any separate money (what you have at the time of the marriage) that is used for community purposes (e.g. purchase of a house) can remain your separate property if it is properly documented. For example, if you put $ 50,000 down as a 10% down payment on a house and later get divorced. Assuming all the mortgage payments are made from community earnings, the first 10% value of the house at the time of the divorce would be yours and the remaining 90% would be divided. That way your money comes back to you with whatever appreciation there was on the house. There are many reasons to enter a prenup. The fact that he does not have a job now, and that he may be using community funds to pay back his student loans are some of the issues that need to be addressed.
Answered on May 26th, 2015 at 8:18 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The key question is, would you benefit from a pre-nup? The answer is unequivocally Yes. Find a skilled family law attorney, discuss all the details with her or him, and have a marital property agreement drafted. Both you and your intended will have to make a complete financial disclosure to each other. Once you get that underway, your other questions will be answered and dealt with. Good luck and accept my best wishes for a long and happy married life.
Answered on May 26th, 2015 at 7:31 PM