Pre-nup agreement enforce or not


#1

Greetings,

We got married in Charlotte, NC, my husband prepared a pre-nup without a lawyer, we signed and notorized on Sept 18th, 1998. We got married on Oct 2nd, 1998 in Charlotte, NC. We are now filling for divorce in WA.

  1. Is this pre-nup enforceable by NC law or not?

If it is enforceable, in the pre-nup, it says that all accounts opened by either Party during teh marriage may be designated under the owner Part’s name as "Separate Property of (Party’s name). During the marriage, we moved to SEattle,WA 8 years ago, while we are in WA, we bought a piece of land under both name. My husband built log houses on this property, using fund from income he made during the marriage, but the fund was deposited to the account with his name only.

  1. Could the log houses (built by his fund earning during the marriage) belong to both of us or the land belongs to both of us, and the log houses belong to him.

Thank you in advance.

Chau Hill
206.819.1284


#2

I cannot speak to WA law, but NC would honor the agreement. The land is marital property, and the homes should be considered as at least partially marital in nature.