I believe that he would only be entitled to 1/2 the equity from the date of marriage unless you entitle him to more by gift of marriage.
While I admire your efforts to protect yourself finacially, I can also see why this would be a “touchy subject” for you. No one wants to go into a marriage while making plans for a divorce…
d2d,
If your divorce from your first marriage was a memorable one…Go with the pre nup. I was told, in NC, whether the prop was purchased prior to marriage or not, he will be entitled to 1/2 of equity in it should you divorce. I don’t know about you, but, they are nice in the beginning when things are ok, but divorce will bring the worst out of the nicest individual. If I was to do it over, one, I either would not have married or two had a pre nup signed.
I, to-date, am fighting to retain my home back from my STBX…and I am PRAYING, that the judge will award it to me solely because of my STBX’s malicious behavior and damage to the property…I’m praying.
I know many say never say never…But, I’m hear to say it…I will never marry again! Please be smart…protect yourself…There is a reason you are having, even the slightly, consideration of a pre nup…LISTEN TO YOUR GUT!!
Do draw up a pre-nup. Keep all of your property separate and in your name only. Don’t gift anything over. Separate property before marriage is separate property. However, if you change anything and co-mingle, then you will lose your separate property in the event of a second divorce. Mortgage payments made during your “new” marriage will be classified jointly unless you make specifications in your pre-nup agreement. Any improvements or additions, no matter who provides the money, will count towards “marital property”. You could set up a life estate or a revocable trust that would ensure no one else has a claim on any of your separate property.Yes, it sounds horrible to go into a marriage planning a divorce, but there are no guarantees and the gremlins do come out of the woodwork if things go awry. See an attorney and protect what is rightfully yours. You just never know and if this is a “touchy” subject, maybe you need to rethink things. No reason for anyone not to understand. With second marriages, usually both sides have some property of some kind to bring with them. Usually both sides have children to think about. Just my thoughts. Little did I know my ex went into my 21 year marriage planning the whole time for a divorce. He walked away with most everything because he had planned it perfectly. Me, I was too stupid to see it coming and am now paying a heavy price for him controlling every dime. Had it so planned that he didn’t even give me an engagement ring until 5 years after the marriage (he could well afford it.) The ring counted as part of my distribution of property. Told myself at the time that it didn’t matter. But, oh, it did.
momsdaughter,
If you don’t mind sharing…can you plz elaborate a bit more about how your ring counted as equitable distribution. How did he end up with everything?
kenmore:
On the day of the trial, the ex produced documentation on the value of the ring. This information had been locked away in his safety deposit box for 3 years. His attorney presented this before the judge and stated the ring was purchased during the marriage and should
be added to the equitable distribution property on “my side”. My attorney told me it wasn’t worth arguing about and did nothing but add the value over to my side of the sheet. Ex received more than half of the property and most of what I received based on DOS value had already been spent or had to go to pay my astronomical attorney fees. My assets were depleted by almost half. For four years, my ex controlled all marital property and he even took me to Court after the distribution to get orders for me to pay the capital gains tax on the money turned over to me. Capital gains on money that I never had nor received. The Court ordered it.
Anything you own prior to marriage is your separate property. However if you change the deed on your home to one that is titled in both names, you have made a gift to the marriage of any equity that existed in your home. If you sell your home and roll that money into the purchase of a new home that would also be considered a gift to the marriage.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I am engaged to be married soon. This will be my second marriage. My first marriage ended in a nasty divorce, but the distribution was simple because we had acquired all assets during marriage.
Now, I have assets on my own, most notably, a house with considerable equity. In the event of another divorce, what claim would my husband have to the house I currently own? Would he be entitled to half, or only half of the equity we build after the marriage date? Do I have to have a pre-nup to protect what I’ve worked to build?
We currently live in my house and plan to stay here for a while. After having to sell my last house due to the divorce, this is a touchy subject for us, so any advice would be appreciated. Thanks!