My so-called boyfriend of two years wants to get married, he will pay the mortage and I will have to move out of the house if he died because he wants his children from another marriage to keep the house.... is this legal?
2007-01-29 10:10:45 · 8 answers · asked by andrea m 1 in Politics & Government ➔ Law & Ethics
Yes it is. Did he say you'd have to move out so his children could take possession of the property?
If so, why would you want to marry him? If he didn't and you assume that this is what will happen, this isn't necessarily what will happen. There is a homestead provision in most probate codes which will allow you to stay on the property regardless of whether or not he wills the property to his children.
He might want to title the property in such a way which gives you a life estate (allows you live there until you die) with a remainder (rest of the title) to his children.
There are all sorts of ways that he could leave the property to his children without kicking you out when he dies.
2007-01-29 10:47:16 · answer #1 · answered by Peter 3 · 0⤊ 0⤋
Sounds like you need to do some serious soul searching about this guy...
It is legal.
Also, if you're going to sign a pre-nup you should have your own lawyer looking at it... since you pay him (your lawyer) to be looking out for your back.
If your boyfriend is looking to the future, then you need to ask him how you and any new children will be taken care of if he dies. Have him add that to the prenup.
With over 50% of marriages in the US ending in divorce and the guys are the one's that lose half of their worth, I can see why he wants to spell everything out. It's easy for most women to say it's wrong to have a prenup, but they're generally not the one's that are losing half their worth and having to pay monthly alimony.
I personally think everyone should have a pre-nup so that both sides agree to what happens when things get bad. If it doesn't, then the prenup never goes into effect. It's like insurance. Nice to have it, but hope to never use it.
PS... I'm not a lawyer nor do I know any.
2007-01-29 10:20:15 · answer #2 · answered by Dave C 7 · 1⤊ 0⤋
I wouldnt do it. I would not move in with him under those conditions. YOu may not resent it now, but later when you see with more time and after experiences, all your hard work and love and yous till dont get the house?
take heed on your very statement "my so called boyfriend" .... if he loved you he wouldnt be putting any dumb founded pre nuptials on you.
Marriage is to share not to divide.
But so many ppl, partidularly some doctors, think that they are God and that women shouldnt have their money or house and invariably they subject their wives to horrible discrimination like this your boyfreind is talking about.
TO HAVE A PRE NUPTIAL IS A PRE CURSOR TO DIVORCE , KNOW THAT.
2007-01-29 10:22:45 · answer #3 · answered by noteparece? 4 · 1⤊ 1⤋
Yes, he is wanting to make sure his children get the inheritance of the house. If you don't approve, then don't sign the prenuptial.
2007-01-29 10:21:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should consult with a lawyer in your area. Generally speaking, the type of agreement you describe is legal and enforceable, however, there are many exceptions.
2007-01-29 10:19:51 · answer #5 · answered by www.lvtrafficticketguy.com 5 · 1⤊ 0⤋
a prenup can be anything that is signed and witnessed. of course, you called him a "so-called boyfriend", so you might reconsider your relationship. paying the mortgage is not what a marriage entails.
2007-01-29 10:19:27 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you sign a contract for that, then yes. If it's not written down, it can get sketchy.
2007-01-29 10:20:43 · answer #7 · answered by Bob 2 · 0⤊ 0⤋
yep
2007-01-29 10:17:27 · answer #8 · answered by nickle 5 · 0⤊ 0⤋