Thank you for your information.
Both Tennessee and Massachusetts are known as an equitable distribution states. This means that assets owned prior to a marriage are considered separate property and not subject to division by the court in a divorce.
However, if you put your new spouse's name on the separate assets, they will become marital property subject to division and creditor claims of your spouse.
A prenuptial is useful to avoid later confusion or disagreement in the event of a divorce, death or creditor claim.
To be enforceable, prenuptial agreements must be entered into without fraud, duress, coercion or overreaching. A full disclosure of the spouses' property is required as well as representation by separate counsel. The prenuptial must have two witnesses and be notarized.
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