No prenup concern


#1

Dear Markscott:

Greetings. The land value would remain separate, unless you deed it to the marriage, which is likely to happen when you finance the build. The majority of banks will not allow for a married couple not to both sign on the deed and deed of trust, etc. They want a secured interest. Why does she refuse the prenup? I think that you have some more serious questions to ask then what happens if you get a divorce. If that is even a remote possibility - the prenup is a must, no? Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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

Hi Janet, I had a construction line of credit approved shortly before we got married. Also I can purely build the home for cash from a separate dedicated account, also premarital funds. To answer your question as to why she refused the prenup, mostly that’s my fault, I procrastinated till about 5-6 weeks before the wedding to talk about it, which is not the thing to do. But she’s cool with keeping our assetts separate and just having a small joint savings account. We’ve been together for 5 years, living together for 4. Been through hell and high water together… good and bad. She’s always been by my side, fully supportive and never asked for a thread. Funny though how anytime I do something nice for her, a gift or something… I usually get it back ten fold. No explanation here… probably none needed.

Mark Scott


#3

Good to hear! Building with all separate funds is the best idea if you want to ensure that there is no gift to the marriage. Also, if you ever put the house in both names, which I do not advise given your concerns, then you may want to sign something then saying that the premarital value is not a gift to the marriage. Good luck and have a happy wedding.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

My fiance and I can’t agree on a prenup, i.e. she refuses to have one done. My concern is that our asset values are very different. Mine are much higher, but were acquired before marriage. One of them is a parcel of land the I own free and clear that we want to build a home on after we marry. Please advise me on the concerns I would have in case of a divorce regarding a house built during our marriage on land that I owned before marriage. Also, are my other real properties and liquid assets at risk in case of a divorce? Any advice would be greatly appreciated.