Post nup from my point since my husband has asked....?

Question

My father died when I was a teen. I am now going to inherit a sum of money upon my next b-day. My mother wants me to get a post nup signed because "it is the last thing my father can give me" and "if my husband and I get divorce - it will hurt even worse to have a broken heart and a broken wallet". My husband and I are no strangers to divorce talks in the past - I have just moved back with him two months ago. We are trying to work things out but ever since this post nup talk my husband has said that he will not be pressured into signing anything - even waiting until after my b-day or months after that - which he knows I need the papers signed before then or I will have to tell my trust fund holders not to liquidate the assests - he is holding this over me. What is the difference between now or six months? This is a strain on my mother and I - and this paper only says I will get back what is mine if we get a divorce. Is this so wrong??? I had this before we were ever together!

I also want to add that yes I agree that my mother should be less involved but if it wasn't for her sitting in court for over a year i wouldn't have this money - so I know that she is only being protective...

Answer 1

He's in control, and wants to exercise it. I don't see anything unreasonable in your or your mother's concern over this matter; in fact, I'm surprised that you did not have a pre-nup worked out before you married your husband if you knew you would at some point be inheriting a large sum of money. Unfortunately, you can't *make* him sign anything, so how you proceed from here is up to you.

Answer 2

A very similar question was asked earlier today, but from a male perspective. Sounds like you both may be on YAnswers today. I'll say the same thing now as then. If the issue is not the money, then he should have no problems signing the post-nup agreement. As long as it specifically states that it is in regards to these funds, then there should not be an issue.

If he refuses to sign, then he obviously foresees the two of you not together in the long-run and doesn't want to preclude these moneys when splitting up the family assets.

Answer 3

You are creating the problem and picking the fight.
If you are going to try and work things out then work them out and stop planning what to do IF you get a divorce. Too many people plan for the the divorce which I think just push it to happen.

Your husband is entitled to part of your inheritance whether you like it or not. You can't force anyone to sign anything. If you back off on his signing it will show both trust and faith in him and your marriage. If he betrays that trust you put in him, such is life. Are you going to break your own heart over your fear of what might happen or focus on making things better between you both and thus creating a stronger better marriage.

Note: that even if you keep the money separate he could just as easily charge up your joint credit cards or over spend your joint accts. AGAIN this is fear of what might happen.

Answer 4

I don't know what state you live in, but in my state, inheritances don't become part of a marriage, subject to equitable distribution. (I'm a lawyer).

It's just a fancy way of saying that, even if you divorce, certain assets, such as inherited assets, can't be distributed in the divorce, because they are exclusively yours.

A quick call to a lawyer or a law clinic in your state will confirm that. That way, you don't have to broach the subject.

I can see how your husband would be upset with this, and I'd seriously reconsider asking for a post nup, even if your state allows for equitable distribution of the inheritance. It will be a constant source of strife between you and it will likely do damage to your marriage, as you are clearly concerned about protecting yourself in the event it comes to an end.

Answer 5

Inheritances are 100% separate from marital property even in a divorce UNLESS you use this inheritance $ for purchasing some joint asset or dump the $ into a joint account.

Your trust fund $ is NOT at risk so long as it remains separate. ask a divorce attorney & they'll tell you straight. You are legally able to hoard this $ all to yourself and never put a dime into the joint life you promised each other.

Enjoy the money and your selfish attitude 'cause soon that's all you'll be left with.

Answer 6

I fully agree with what Karen said. The money is YOURS and he should not be contesting signing the papers. He ought to see that no matter what he simply won't be getting his hands on the money that is yours. You either hold it in trust until you do divorce or he signs the papers so that money can be released to you and only you. If he doesn't sign them, it is his way of saying, I want some of it too and if I can't, I'm going to make it hard for you to have it either. That is NOT husband material. I think you ought to seriously think about divorcing his greedy ***.

Answer 7

1st choice,divorce him he will then have no right to your inheritance that came before him.
2nd choice,otherwise work it out with him in way that is beneficial to the both of you, compromise. part of being married, working out and solving your problems.
DIVORCE is used to commonly as a threat, this is wrong.
these are just some options for you to think about from a different perspective. the first would never be my choice. but only you can make the decision.

Answer 8

in case you have been keen to sign a prenup, then you definately don't have a issue with a postnup. What you're able to desire to do is get criminal tips break free his so as which you have somebody to bypass over the info for you. you do not could desire to sign in case you sense it particularly is not honest for you. you're able to have the capacity to characteristic issues to it as nicely. Prenups and postnups are actually not in basic terms for those with a great variety of money. Asking your individuals can not help as they sound approximately as ignorant as you're approximately this.

Answer 9

I think if he's refusing to sign, that should give you an indication that the next papers you should be signing are a petition for divorce.