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Legalease
Legalease, Lawyer
Category: Family Law
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Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My husband and I entered a prenuptial agreement before we were

Customer Question

My husband and I entered a prenuptial agreement before we were married almost 3 years ago. At the time, our intent was to buy a home together. My husband was unable to supply the funds in the beginning, so we included in the prenuptial how he would contribute when real estate he owned was sold. His real estate was sold, but he was still unable to contribute the funds. The house is in my name in a trust. I included in the prenupt the term that if I should die (and we're still married) he would have the option to live in the house for 5 years after my death with my estate paying one half of the mortgage. After that, he could live in the house as long as he wanted, but he would pay the full amount. We now want to remove all mention of him living in the house at all from our prenuptial agreement. Is there a simple way to do this?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



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Yes, there is. It's very simple. Sign another nuptial agreement, just a page long, which "cancels out" the prenuptial agreement beforehand, making it null and void, and making the one you are signing current. It's that easy.Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.














Customer: replied 4 years ago.
It is not that simple to just sign another nuptial agreement and cancel out the first one, as the first one was more involved than just the terms of the living arrangements in the house. That first prenuptial agreement cost me $8,000.
Expert:  Legalease replied 4 years ago.

Hello. You do not have to enter into a new full blown agreement if you are simply looking to change one term of the agreement (or, even if you are looking at changing more terms in the agreement). The two of you can sit down and decide which items you would like to change and write it up yourselves -- call it an "amendment to prenuptial agreement" and simply state in the opening paragraph that you are amending "that certain prenuptial agreement dated __________ as follows:" and then set out in paragraph format what you are amending in the document. Then you can both sign it in front of witnesses and a notary (you can find a notary at most banks if the two of you appear there with the document to sign). Then, keep the amendment with the original prenuptial agreement in a safe place. Amending it yourselves is perfectly legal and the amendment will be enforceable in court. You really do not need to involve attorneys to do this amendment as you are describing.

 

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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14511
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Legalease and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you, Mary. This was the answer I was hoping to receive.
Expert:  Legalease replied 4 years ago.
Good Luck.

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