Premarital Assets

Mike_Alemi

New Member
Hello Dear Legal Advisor / Lawyer;
I have 2 properties one in Ca another in NV and I still pay the mortgage to both of them. Also, I will marry a woman in 3 months and, she refused to sign a prenup agreement. So, want to know if I add them now under a Trust account and keep paying the mortgage from my account (not the joint one), in case of divorce could my wife appeal a property seperation and take a portion of the property? If so, how I can cover my properties and get them out of the marital asset or joint assets?

Many Thanks,
Mike
 
I will marry a woman in 3 months and, she refused to sign a prenup agreement.

Be smart, don't be blinded by love.

It has taken you a long time to acquire your wealth.

It will only take that gold digger a few weeks to perhaps figure out a way to take some, maybe ALL, of it.

You don't need legal advice.

You need to utilize YOUR common sense.

She has NO skin in your game, but she's about to skin you.

Forget love, save your assets, don't marry a cunning, conniving schemer.

You have something.

She has nothing.

Now you need to think long and hard before you stumble into a very big, expensive blunder.

If so, how I can cover my properties and get them out of the marital asset or joint assets?

Easy, don't marry broke bums, no matter how beautiful or handsome the bum appears to be.

There is nothing on this planet more beautiful than a stack of $100 bills depicting Benjamin Franklin on the front, other than shiny, gold or silver bullion!


$100.jpg

gold.jpg
 
Hello Dear Legal Advisor / Lawyer;
I have 2 properties one in Ca another in NV and I still pay the mortgage to both of them. Also, I will marry a woman in 3 months and, she refused to sign a prenup agreement. So, want to know if I add them now under a Trust account and keep paying the mortgage from my account (not the joint one), in case of divorce could my wife appeal a property seperation and take a portion of the property? If so, how I can cover my properties and get them out of the marital asset or joint assets?

Many Thanks,
Mike

While Army Judge makes a point, the fact is that sometimes folks just want to get married.

You didn't share what state you are posting from, and that may be important. You would be wise to seek local counsel BEFORE getting married to be advised of how this might work.
 
So, want to know if I add them now under a Trust account and keep paying the mortgage from my account (not the joint one), in case of divorce could my wife appeal a property seperation and take a portion of the property?

Where do you live/where would any divorce occur?

California is a community property state, while New York is an equitable division state. In either state, assets owned before the marriage are separate/non-marital property. The impact of that varies between the two states. However, in both states, if, during the marriage, community/marital assets are used to pay down the mortgage, the non-owner spouse will have a claim against the properties. Just because it's "[your] account (not the joint one)" doesn't meant the money in the account isn't community/marital property.

Titling the properties in a trust could affect the outcome, but it would have to be the right sort of trust. You need to be seeking advice from a local attorney.
 
Where do you live/where would any divorce occur?

California is a community property state, while New York is an equitable division state. In either state, assets owned before the marriage are separate/non-marital property. The impact of that varies between the two states. However, in both states, if, during the marriage, community/marital assets are used to pay down the mortgage, the non-owner spouse will have a claim against the properties. Just because it's "[your] account (not the joint one)" doesn't meant the money in the account isn't community/marital property.

Titling the properties in a trust could affect the outcome, but it would have to be the right sort of trust. You need to be seeking advice from a local attorney.

Thank you for the reply. I live in California and marriage most likely happens in CA. (homes are in CA and NV). I heard having Trust before marriage will save the assets as a separate property later. Do not know how or what type of it.
 
Where do you live/where would any divorce occur?

California is a community property state, while New York is an equitable division state. In either state, assets owned before the marriage are separate/non-marital property. The impact of that varies between the two states. However, in both states, if, during the marriage, community/marital assets are used to pay down the mortgage, the non-owner spouse will have a claim against the properties. Just because it's "[your] account (not the joint one)" doesn't meant the money in the account isn't community/marital property.

Titling the properties in a trust could affect the outcome, but it would have to be the right sort of trust. You need to be seeking advice from a local attorney.

OP needs to reread the bold portion several times.

What OP needs to understand is:
1) if they are still paying a mortgage, they don't own it free and clear, and
2) money earned during the marriage is marital.
 
Thank you for the reply. I live in California and marriage most likely happens in CA. (homes are in CA and NV). I heard having Trust before marriage will save the assets as a separate property later. Do not know how or what type of it.

Where the marriage ceremony occurs isn't relevant.

Where the marital home is established is relevant.

State residency at the time a divorce is filed is relevant.

Depending on your age, and whether you have children from a prior relationship, trusts can be useful. However, it is wiser to use a lawyer to establish trust(s), and be prepared long term to update regularly. Make sure that you follow the rules for maintaining trust ownership of the property, and review regularly... like, more than once a decade.
 
I heard having Trust before marriage will save the assets as a separate property later. Do not know how or what type of it.

Having a trust before the marriage could keep the assets off the table for property division purposes in the event of a divorce. However, a garden variety revocable trust in which the trustor/settlor is also the initial trustee and beneficiary isn't going to do the trick. As mentioned previously, you need to be consulting with a local attorney.
 
Thank you for the reply. I live in California and marriage most likely happens in CA. (homes are in CA and NV). I heard having Trust before marriage will save the assets as a separate property later. Do not know how or what type of it.

Which means you need a lawyer to assist you in preventing a marital interest in the property
 
Hello Dear Legal Advisor / Lawyer;
I have 2 properties one in Ca another in NV and I still pay the mortgage to both of them. Also, I will marry a woman in 3 months and, she refused to sign a prenup agreement. So, want to know if I add them now under a Trust account and keep paying the mortgage from my account (not the joint one), in case of divorce could my wife appeal a property seperation and take a portion of the property? If so, how I can cover my properties and get them out of the marital asset or joint assets?

Many Thanks,
Mike

I definitely wouldn't even be getting married if I was just expecting a divorce lol.
 
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