Personal assets before marriage

[borreman]

What is the name of your state (only U.S. law)? NV

I am a US citizen. I own a couple houses in the USA and another few ones in Europe. If I met a woman here in the USA and wanted to get married to her, would that give her any rights to my current properties in case we divorce?

My understanding is that these are not marital properties so she would not have any claim to them, but I fear a judge could decide that because I own a substential income from those rentals, I would have to pay her alimony in case we divorce. Is that correct?

Would a prenup prevent that?

Thank you so much!

 

[Proserpina]

What is the name of your state (only U.S. law)? NV

I am a US citizen. I own a couple houses in the USA and another few ones in Europe. If I met a woman here in the USA and wanted to get married to her, would that give her any rights to my current properties in case we divorce?

My understanding is that these are not marital properties so she would not have any claim to them, but I fear a judge could decide that because I own a substential income from those rentals, I would have to pay her alimony in case we divorce. Is that correct?

Would a prenup prevent that?

Thank you so much!

With all due respect....

Last month you were/are in the process of divorcing you wife.

And you're contemplating marriage already?

Really?

 

[borreman]

I am not, but I would like to get married again at some point and protect myself better than I did the first time.

My question was very hypothetical...

 

[ecmst12]

Talk to a lawyer before you get married again.

 

[borreman]

I thought that's what I was doing here, talk and ask questions to all kinds of attorney and judges...

Is there only a specific timeframe for me to contact you before I get married again ?

 

[mistoffolees]

What is the name of your state (only U.S. law)? NV

I am a US citizen. I own a couple houses in the USA and another few ones in Europe. If I met a woman here in the USA and wanted to get married to her, would that give her any rights to my current properties in case we divorce?

My understanding is that these are not marital properties so she would not have any claim to them, but I fear a judge could decide that because I own a substential income from those rentals, I would have to pay her alimony in case we divorce. Is that correct?

Would a prenup prevent that?

Thank you so much!

You're confusing several issues.

1. Property ownership. Anything that you own before you get married remains separate property and your hypothetical spouse would not be entitled to any of it if you hypothetically divorce. HOWEVER, if you mingle that separate asset with marital assets (such as using marital income to pay the mortgage or do repairs), some or all of the property might be converted to marital property and subject to division.

Depending on which state you hypothetically live in at the time of the hypothetical divorce, that might entitle the new hypothetical wife to 50% of the equity in the property or a smaller portion.

2. Income. Any income from the property will probably be considered marital income - and therefore subject to child support or alimony.

A pre-nup could be written in such a way as to change those things. Keep in mind that a pre-nup must be carefully crafted and each party must have their own attorney. Even if your pre-nup doesn't say anything different than what's written above, it may be worth having since it makes it absolutely clear that your new hypothetical wife knows that these separate properties will not become hers.

 

[ecmst12]

No, I mean do NOT talk to a message board. IF/WHEN you are ready to get married again, HIRE a REAL LIVE attorney that practices in your area and ask him/her about asset protection, estate planning, and have him write a pre-nup if it's determined that that's what you need.

Your possible new spouse will need her OWN attorney to review any prenup before she can sign it if you want it to be valid.

 

[borreman]

Mistoffolees - Thank you so much for your thourough explanation.

Thank you everybody else for taking the time to give me your input.

Sincerely

 

[cyjeff]

Mistoffolees - Thank you so much for your thourough explanation.

Thank you everybody else for taking the time to give me your input.

Sincerely

I want to underline one point. Your future spouse MUST have her own attorney proof read the document before signing for it to be valid.

 

[Proserpina]

And on the off-chance that you meet a NON citizen/Non resident, think VERY carefully about signing that I-864 Affidavit Of Support.

 

[borreman]

Good point. Thank you