(Closed) Legal question on house bought before marriage

posted 7 years ago in Legal
Post # 3
Hostess
18646 posts
Honey Beekeeper
  • Wedding: June 2009

If you put his name on it, he will have a claim to it upon your death.  During a divorce, it depends on the state that you are in if everything is split or not.  I think you will probably need a prenup to protect the home.

Post # 4
Member
3709 posts
Sugar bee
  • Wedding: May 2011

@MsMamaBear: I agree the the only way to ensure that your home is protected is to have a pre-nup prior to marriage. Even then, depending on how long you are married prior to death, the pre-nup may be successfully challenged. I mean, my FI and I own our own homes…but if we are married and living together in one of them for say 10 or 15 years and then one of us died, would I REALLY want my child to have the house and him be out in the street…or vice versa? Not at all. I would want to make sure that my daughter is taken care of, but I would do it in another way. In the case of divorce, I can absolutely understand wanting to make sure your child gets the house….in the case of death…I don’t know.

Post # 6
Member
1254 posts
Bumble bee

@MsMamaBear: Thank you for asking this question! I am in the same boat as you, though I live in California where communal property laws exist. I will have to get a pre-nup if I want to keep my condo my own.

Post # 7
Member
3709 posts
Sugar bee
  • Wedding: May 2011

@MsMamaBear: We talked it over and decided against it. The main reason we decided against it though is b/c I don’t plan on keeping my home after marriage. I am going to sell it and put the proceeds in my daughter’s college fund. My will will handle the other home that I purchased for my parents. As for his homes, if he dies before me, I will hold title to the home that we share…and the vacation home he purchased for me. The other two homes will go to his two sons. We just chose to handle things through our wills without a pre-nup.

That definitely may not be the solution for everyone though so you are definitely doing the right thing by discussing it now.

Post # 9
Hostess
18646 posts
Honey Beekeeper
  • Wedding: June 2009

I would be careful about having a will be the only way he inherits the property if you die.  Probate can be a hassle I’ve heard.

Post # 10
Member
3709 posts
Sugar bee
  • Wedding: May 2011

@MsMamaBear: We DO have a lot of “stuff”. We are 35 and 42 so we are a little older than the “usual” bride and groom. It does get tedious trying to manage properties all spread out in different states/cities though =(

 

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