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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27196
Experience:  Attorney with experience in family law.
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I live in Natick, Ma. My fiance and I drafted a prenuptial

Customer Question

I live in Natick, Ma. My fiance and I drafted a prenuptial agreement with our lawyers for the sole purpose of protecting me from his debt (defaulted school loans with judgments against him) and creditors. When he went to the registry of deeds in Cambridge, MA they said we didn't need to register it because neither of us owns any property. His lawyer agrees but mine disagrees. Who is right?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 6 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I am a Massachusetts attorney.

There is no need to record the prenuptial agreement at this point, for two reasons - first, it is not effective until you actually marry, so it would be premature. Second, the Registry of Deeds accepts filings related to real property. Since you don't own any real property, there's no need to file it at this time.

Make sure your attorneys each have a copy, and you should probably also each have your own for your personal records. But it doesn't need to be recorded at this time.

I hope that helps. Congratulations on your upcoming marriage.

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