Thursday, December 31, 2009

What are the legal rights of a person over the property of his or her spouse acquired before marriage?

Suppose an unmarried person has exclusive legal rights of a property. After getting married, what are the legal rights of his or her spouse over that property?What are the legal rights of a person over the property of his or her spouse acquired before marriage?
If its a community property state, the spouse is entitled to half. Thats what prenups are for. To protect assets aquired before the marriage.What are the legal rights of a person over the property of his or her spouse acquired before marriage?
It depends on:





* state and jurisdiction


* Length of marriage


* Any premarital agreements in writing
None if you live in the U.S. unless the property has been converted during the marriage.





EDITED TO CORRECT FALSE INFORMATION:





It does NOT depend on the state. Premarital assets remain premarital in all 50 states unless converted during the marriage.





It does NOT depend on the length of the marriage. The length of the marriage only comes into play in property settlement decisions with marital assets when used in conjunction with spousal support.





And, IT DOES NOT depend on a pre-marital agreement. Such agreements have no force and effect on PRE-marriage assets unless specifically mentioned in the agreement. Then the person who allows this is an idiot.

No comments:

Post a Comment