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Funds received via an inheritance are typically the separate property of the spouse who inherited them and are not subject to equitable distribution during a divorce. There could be an exception if the property was commingled with other marital assets, or if the spouse's name was added to the property (like when someone inherits a house). Any prenuptial agreement or separation agreement that includes provisions for inherited property would overrule the general guideline that it belongs to the person who inherited it.
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I am a different contributor. Your previous contributor's information was correct. State law forbids us from drafting any legal documents for you. However, if you would like a sample of a prenuptial agreement that you can use to draft your own if you are not going to go to an attorney, we can do that for you. Let me know.
Thank you for your reply.
Here is a sample prenuptial agreement that is valid under NY laws: https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=24076
Also, you do not need to have a witness signature on the prenuptial, but one at least is always a good idea. It should be least be notarized. There is no requirement as to witnesses as long as the signatures are notarized.
Yes, that is a valid clause that you can insert into the agreement. It should say "(owned or leased by either of them)," this way it covers any rentals in case you do not own the property and that makes it consistent with the rest of the paragraph talking about mortgage or rent.
You can have a clause in there regarding spousal abuse and insert some penalties like spousal support and payment of full rent for the victim spouse if you want to do so. You can also have a clause that states in the event of spousal abuse (or even adultery) the agreement would be null and void, that is acceptable.
The marital property in NY is subject to equitable distribution, except as altered by the terms of the prenuptial agreement. Inheritance is separate property not subject to division, BUT income made off of inheritance during the marriage MAY be divided and you can specify in the prenuptial agreement that any income from separate property, inheritance or otherwise, shall remain separate property not subject to any type of equitable distribution or division upon divorce.
You can state that in the event of abuse or adultery, the income from the separate property inheritance accrued during the marriage would be deemed marital property subject to equitable division and distribution in accordance with the current laws of NY at the time of the divorce.
If he is not willing to add an abuse or adultery clause, you need to think what he is thinking about that. Is he afraid that he will commit one or the other? Does he have a history of abuse or adultery in his past and he is not willing to change? Those are questions you need to get your own answers to.
If he will not answer those questions, then you can tell him you are fine with that and as soon as the baby is born you will file a petition for custody and child support and the court is going to make him pay his fair share for the child anyhow and then he will have limited or no rights to see the child, the choice is his choice.Bot***** *****ne, you cannot make a leopard change their colors and if he refuses to sign there is nothing you can do except leave those clauses out if you want to marry him because of the baby.
Thank you for your reply.Perhaps you believe he loves you and cares for you, but anyone who is physically abusive certainly does not love and care for you because if they did they would not physically abuse you at any time.However, this is now a personal choice you have to make about the clause for abuse and adultery and you have to decide that if he loves you that much you may have to agree to not include that clause and trust him.
You could potentially claim that you were forced to sign or lose the baby and that was duress that would void your valid consent, but that would be an expensive argument in court with an attorney and litigation costs keep going higher. Typically people spend $40K and up now to fight these agreements, so you need to consider those costs down the line if a divorce occurs in trying to void the prenuptial based on duress.
I am afraid there options, but based on what you are saying they are very limited.
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