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9/22/2017 12:11:25 AM
Posted: 8/12/2005 5:52:48 AM EDT
A woman friend of mine is building a house. She plans on moving in in late fall, maybe Nov. Her boyfriend will be moving in also. The deed will only have her name on it at that point. They plan to marry in the spring. When they get married does the husband automatically become a half owner of the house? This is taking place in New York. The guy is kind of a loser and I would hate to see the woman get screwed over with the house if the marrage goes south. Also she will stands to inherit some land & money at some point in the distant furture. Is it safe to assume that the only way for her to protect it from hubby is a pre-nup? I've told her to get to a lawyer but she is dragging her feet. BTW No she is not hot but she is nice & I don't want her to get screwed. Thanks....zeek
Link Posted: 8/12/2005 6:00:53 AM EDT
[Last Edit: 8/12/2005 6:02:59 AM EDT by Right-to-Bear]
Pre-nup is way to go.

I don't know specifically about NY law, but most states allow a spouse a "special equity" in the house even if his/her name is not on it and it was purchased pre marriage. That is because the wages earned during the marriage and paid towards the mortgage are marital property.

In a lot of states if she puts his name on the house after marriage, she is presumed to have given him half of the house, regardless of how much down payment was hers.

ETA: inherited money is separate so long as she leaves it in her account only. Don't put him on the account or (some states) presume a gift.


Try posting this in the legal section for more responses.
Link Posted: 8/12/2005 6:02:55 AM EDT
pre-nup is a great way to say: "Honey, I don't really trust you, but I still want the tax benefits for a few years and I like to fuck.



Sgat1r5
Link Posted: 8/12/2005 6:04:13 AM EDT

Originally Posted By sgtar15:
pre-nup is a great way to say: "Honey, I don't really trust you, but I still want the tax benefits for a few years and I like to fuck.



Sgat1r5



This is true.... instead of a prenup, tell your friend to bury her head in the sand and nothing bad will happen.
Link Posted: 8/12/2005 6:07:22 AM EDT
Does she have any family members she trusts or children that aren't the loser's?
Title the house in someone else's name who sheknows will not mess with her.

My mom just got divorced in FL and then shitbird she was married to pretty much didn't work a day then entire 8 years they were married. He got half. The only reason she didn't have to pay alimony is because he's capable of working, has passed the BAR in NJ and FL, has a license sell insurance and real estate... he's just a lazy scumbag.

Pre-nup is the way to go. If the guy puts up a fight about it then she may want to rconsider who she's about to marry. She definitely needs to stand her ground.
Link Posted: 8/12/2005 6:10:44 AM EDT

Originally Posted By Right-to-Bear:

Originally Posted By sgtar15:
pre-nup is a great way to say: "Honey, I don't really trust you, but I still want the tax benefits for a few years and I like to fuck.



Sgat1r5



This is true.... instead of a prenup, tell your friend to bury her head in the sand and nothing bad will happen.



Or you can tell the friends that she is marrying a loser that you think is just after her money.

Anyone that supports a prenup has no belief in the institute of marriage.

Why get married if you don't plan on it being ofr life?

Otherwise your just renting a whore/gigillo for a few years.

Sgat1r5
Link Posted: 8/12/2005 6:17:45 AM EDT
Thanks for the input. I'll post also in the legal section. I didn't know there was one. Thanks zeek
Link Posted: 8/12/2005 6:17:53 AM EDT

Originally Posted By sgtar15:

Originally Posted By Right-to-Bear:

Originally Posted By sgtar15:
pre-nup is a great way to say: "Honey, I don't really trust you, but I still want the tax benefits for a few years and I like to fuck.



Sgat1r5



This is true.... instead of a prenup, tell your friend to bury her head in the sand and nothing bad will happen.



Or you can tell the friends that she is marrying a loser that you think is just after her money.

Anyone that supports a prenup has no belief in the institute of marriage.

Why get married if you don't plan on it being ofr life?

Otherwise your just renting a whore/gigillo for a few years.

Sgat1r5



Why have car insurance unless you are planning to crash?


Shit happens. What if he decides to get out? She cannot stop him and courts these days don't care about whose "fault" it is.

Plus - what if you already have children? You die - all your assets go to spouse - spouse dies - all your assets go to spouses children. Ever consider that?
Link Posted: 8/12/2005 6:37:40 AM EDT

Originally Posted By Right-to-Bear:

Plus - what if you already have children? You die - all your assets go to spouse - spouse dies - all your assets go to spouses children. Ever consider that?



wouldn't a will cover that?
Link Posted: 8/12/2005 6:59:24 AM EDT

Originally Posted By AssaultRifler:

Originally Posted By Right-to-Bear:

Plus - what if you already have children? You die - all your assets go to spouse - spouse dies - all your assets go to spouses children. Ever consider that?



wouldn't a will cover that?



A will would cover a portion of "separate property" (i.e. owned prior to marriage) however, the spouse can still take an "elective share" which is sometimes 1/2 no matter what the will says.

Also, without a pre nup, most assets become "marital property" which is indivisible, meaning both spouses own it equally. When you die, all marital property goes straight to spouse. Your kids are screwed. (except for your separate property - most of which has become marital)


It gets quite complicated.
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