Quote:
Originally posted by Kimmie1913:
A lot depends on where you get divorced since the law varies wildly from state to state. All states do not do the "divide everything in half" thing. Also, all states do not make property from before you were married an issue.
In MD, where I am and practice, property owned before marriage is not marital property. Neither is property that was received as a gift (uless to both of you) or inherited by one of you. So, for example, if I own a house before we get married, he cannot ask for it in the divorce. Now if I put his name on it that is another story. Or if I let him contribute to the mortgage he has a claim on the equity he contributed to but not the whole house. If I continue to pay the mortgage myself with my own paycheck, he can't touch it.
Also, you generally cannot control the division of after acquried property through a prenuptual agreement. No one knows what they might come to have so it is hard to agree fairly as to who should get what. You can instead agree to make a cash payment or alimony in exchange for a property claim in some places.
A pre-nup is really relevant when you have a lot or have disparate incomes or assets.
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Like you said, it varies by state. I am in Louisiana, and we are under the Napoleonic Code, that is something else.
So, when that time comes, or if it does, I will consult with my Soror.
(I thought I had already posted this, but I guess not! :confused
