I want something legal that says that I am a owner too before I get married. His whole family lives in that house and we plan to get another house which I am going to take out under my name, and I told him that we should be equal. He put my name under his house and let his family rent it, and I put his name under the house I am getting under my credit. I only think its fair. Don't you? Or is everything after we are married community property? Or am I being too paranoid about it? Another reason I ask is because his sister has already started telling me things as far as what rights do I have there etc. etc. and i don't want that to happen after we are married??????? Too complicated huh????
2007-03-26 17:46:21 · 11 answers · asked by Ciara 1 in Family & Relationships ➔ Weddings
Hi you can put everything equally in both names get him to put your name on his house that his family are living in and let the rent pay the morgage then when you get the house you are both going to be living in put that in both names and you both will be liable for paying the morgage ,but make sure you both make a will and leave equally divided to any kids you have or to your families, before i got married my husband put the house in both names it does not matter if it is your maiden name its still legal ,,then i put some of my money into the property , i wish you luck in your marriage
2007-03-26 18:03:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Complicated yes, solvable maybe.
In most states when you enter a marriage then both sides property becomes community property and in the case of a divorce it would be split evenly. In the other states then it is up to the divorce decree and what agreement you both can hammer out. This can tie things up if you and your husband have two houses. Who gets to live where and who gets the rental income?
The way to solve this problem is called a prenuptial agreement. Basically it is a contract that says; this is mine, that is yours and we obtained it ourselves and brought it into the marriage. Any assets collected after you marry will then be subject to the divorce agreement or community properties laws.
A prenuptial agreement can be helpful I have heard of one that states exactly when the husband and wife will have sex (I assume it was at a minimum of those two days). To get that promise the male had to promise to not leave dishes in the sink and the agreement continued. I am not saying you need an agreement like that, but that couple claimed to be happy with the agreement.
Your plan does sound fair and less controversial than a prenuptial agreement. The sticking point for me is the fair value of each house. If you agree that you are partners in both houses with a 50% partnership agreement then you are doing what you want to do. However, this will ignore the amount of money that each person brought into the marriage. If you both are willing to forgo that then I would look into a partnership contract, it is very simple and it leaves both of you liable and responsible for the shared assets. It also means that you both would receive half of the rental payments and each be responsible for 50% of the required taxes, fees, care and maintenance costs (the whole 9 yards).
In your partnership agreement you can set the liability percentages and otherwise nail out the agreement. A partnership is a fairly simple agreement, but you will need forms from your state and you will have to pay a filing fee, which should be less than $80.
I don’t know the rules for your state, I don’t even know your state and I am only assuming that you are in the US, many people from other nations come to this section. So I suggest looking for free advice elsewhere.
Sites for Free legal advice in the US:
US:http://www.google.com/search?sourceid=navclient&aq=t&ie=UTF-8&rls=GGLR,GGLR:2006-49,GGLR:en&q=Free+Legal+advice
http://www.lawhelp.org/
http://www.freeadvice.com/all_topics.htm
http://www.lawinfo.com/
http://www.lsc.gov/about/grantee_links.php
http://www.thelaw.com/
http://www.flac.ie/
http://www.legalsurvival.com/
2007-03-27 01:13:16 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
If you have concerns in regards to this you should speak to you husband to be and see what his thoughts are on it. He may be feeling the same way about all this if you are worried about things going astray in the marriage get a prenup agreeing that you leave with your property and he leaves with his if you are the person getting the credit on the property that you are residing in make sure you put in the prenup that you are the owner of that property and that if in the case you do seperate you are to keep the home and the payments up or the property is to be sold and profits divided equally.
2007-03-27 00:57:22 · answer #3 · answered by ozi_nut 5 · 0⤊ 0⤋
Be careful with this. The 'tit-for-tat' attitude can only make things worse if anything were to happen after getting married. If both you and your partner want to work sometthing out then perhaps see a solicitor and ask for a pre-marital agreement to be written up. That way, if you were to split, both of your properties would remain your own. HOWEVER, once you do become married, I am sure that anything in your name (and anything in his) will remain the property of the owner . . . . not community property.
2007-03-27 00:52:01 · answer #4 · answered by Cara M 1 · 0⤊ 0⤋
you could get a consultation with a lawyer and get all of your answers...the sister might be trying to make you paranoid cuz she might have interest in his property...basically, if you are gonna get married and stay together forever, what difference does it make who has what? if you have some doubts, get a prenuptial agreement....be sure to check out the property and marriage laws in your state and figure it all out...
2007-03-27 00:52:15 · answer #5 · answered by ? 1 · 0⤊ 0⤋
I think that if people cannot trust one another financially before they get married then they should not get married. I think that people that prepare for a divorce before they even get married will likely get divorced. Marriage should be about trust and sharing. I think it is silly to go into a marriage saying well if we get divorced.
2007-03-27 06:46:59 · answer #6 · answered by Ladybugs77 6 · 0⤊ 0⤋
Yes, its a prenuptial agreement . You can maintain ownership of your separate properties prior to that marriage if you wish.
2007-03-27 00:56:23 · answer #7 · answered by dondatu 3 · 0⤊ 0⤋
It's called a prenup. Get one if you are worried. If you do not have one, and something happens to your husband after you are married, you are legally binded to his debt.
2007-03-27 00:51:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
what you bring into a marriage stays yours forever... what is accumulated during your marriage is what will be divided... for this if you want you can get a prenuptial agreement, make sure you both have separate lawyers present...
2007-03-27 01:01:07 · answer #9 · answered by prop4u 5 · 0⤊ 0⤋
Check with an attorney about a prenup.
2007-03-27 00:52:07 · answer #10 · answered by sharpeilvr 6 · 0⤊ 0⤋