Legal agreements after maggiage?

North Carolina Divorce Law Divorce and Separation Answers
1

Dear sk_wilson:

Greetings. Yes, there is such a thing as a post nuptual agreement. No, I do not believe a notarized document stipulating the agreement would be sufficient. The terms of any contract must be in line with the statutory authority. The requirements for a post nuptual agreement are too long to list here.

I would suggest that if you have any concerns, not to sell the house. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

Is there such a thing as a post nuptual agreement that would be binding in a court of law and if so what would need to be done?? Would a notorized document stipulating the agreement, signed by both parties be sufficient??

In my particular case I have a house that I had prior to marriage that I had a rather large amount of equity in. My wife wants a bigger house as do I. The marriage isn’t the most stable marriage in the world so, at this point I am not willing to sell the house and purchase a larger one because I know that the previous equity then becomes “marital property.” I want to be able to keep the equity I had in the house prior to the marriage, thus the question regarding the post nuptual agreement. Is it feasable?

Thanks