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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16185
Experience:  Licensed Texas General Practice Attorney
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My boyfriend and I are thinking of getting married in the State

Customer Question

My boyfriend and I are thinking of getting married in the State of Washington. The question we have is, after you get married does any property of money you have before the marriage become both of the parties, or does it remain solely the property and money of the initial individual party. In other words, if a man has 3 million dollars before he gets married, does the remainder of what he has become part of the wife's estate. If there is a divorce, does any property owned by each party become part of both parties after they are married? Is this why people get pre-nups? I have a home which was solely in my name before I remarried, and it never became the property of my present husband. I always thought that what you acquire before marriage stays yours, and what you acquire together after the marriage becomes jointly owned property.
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. No, the property does not become the property of both parties . Rather, property that is brought into the marriage is considered "separate".All of the assets and liabilities the husband and wife own are subject to division. The property division must be fair and equitable. When one spouse dissipates a major community asset - say the husband gambles away the marital home - the court may consider that in the division of property and compensate the wife. Except for property received by inheritance, gift, or property owned before the marriage, all property acquired during the marriage is community property. These exceptions are separate property, which is also called immune property. Unless the spouse who argues that he or she has separate property can prove that it was separate and remained separate at all times, by clear, cogent, and convincing evidence, separate property becomes community property. Under exceptional circumstances, the court awards the separate property of one spouse to the other spouse. Now people do get prenups because it clears up questions as to what was brought in the first place (rather than what was earned during the marriage). But the separate property remains separate. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Hello??