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Recent Prenuptial Agreement questions

I live Queens, NY. My fiancé lives in Ohio. We have not done

I live Queens, NY. My fiancé lives in Ohio. We have not done a prenuptial agreement.(1)Does a prenuptial have to be signed before an engagement for it to be more valid?(2) Or can we do a prenuptial after the engagement ( a few months before the marriage- we are getting married this August) and it be just as effective?(3) I own my home in Queens- if we do decide to live together first for a few years, at what point can my finance claim rights to my home just by living in my home ?(4) In the prenuptial , I want to say my coop is my separate property. If my soon to be wife contributes to the home mortgage and/ or real estate taxes and/or maintainance , can she still claim rights to my coop? Or do I need to make sure my wife does NOT contribute to these coop expenses? However, the coop expenses are the bulk of our expenses so how can my wife contribute without her being able to lay claim on the coop if ever a divorce.(5) I make a lot more money than my fiancé, my fianance's lawyer wants $500,000 for her if we get divorced after 5 years or more. What is the rationale for her getting money in case of a divorce? Why should I give her money if the divorce is because of her?(6) What is the norm contribution toward marital expenses if I make a lot more than my fiancé?(7) If ever a divorce, what law applies NY or Ohio? Where do we have to file? My fiancé will keep her house in Ohio and will travel back and forth for her jobThank you

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WALLSTREETESQ

Attorney

Doctoral Degree

18,084 satisfied customers
During the divorce action, what is leagal name of two

During the divorce action, what is leagal name of two people?Still married?Middle of divorce, can call still "during the marriage"?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,634 satisfied customers
How does california deal with division of property/assets

How does california deal with division of property/assets when dealing with incurred credit card debt from spouse?

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Thomas Swartz

Attorney

Juris Doctor

2,842 satisfied customers
I have postnuptial agreement. One of agreement is that" life

I have postnuptial agreement. One of agreement is that " life insurance- additional to the following, husband hereby agrees to maintain wife as the irrevocable primary beneficiary for 100% of the benefit of the following life and disability insurance policy 1. Husband's basic employee life insurance $200,000, 2. Husband's AD&D insurance $200,000...Husband also agreed to maintain wife as irrevocable primary bebpnefiary of a 50% interest in the xxxxemployee life insurance $xxx."Is this mean that I am still be beneficiary after divorce?

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TJ, Esq.

Juris Doctor (JD)

11,486 satisfied customers
My mother's husband has recently died and they had a

My mother's husband has recently died and they had a prenuptial agreement listing their separate properties because each of them were widows with grown children. They have a "Waiver of Quasi-Community Property Rights" clause. We are trying to figure out whether that means that any items they purchased together are hers rather than only one-half? The clause reads " The parties hereby waive those provisions of RCW 26.16 regarding quasi-community property and hereby agree that any property that would be quasi-community property pursuant hereto shall be and remain the separate property of the acquiring spouse." They had been married for 25 years but are not "legally" married.JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?Customer: We are in Washington state. Nothing has been filed or reported yet.JA: Anything else you want the lawyer to know before I connect you?Customer: Does this cost anything? Also, she has a list of all the property they purchased together and she says they set up their prenuptial agmt to allow the surviving spouse to retain any purchases made together. So we are trying to clarify whether the prenuptial agmt actually states that.

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Loren

Juris Doctor

40,414 satisfied customers
My daughter is a resident of Oklahoma and she received

My daughter is a resident of Oklahoma and she received divorce papers from her husband after being married 6 months. There are not enough assets to warrant getting an attorney. My daughter filed her court response and has contacted her husbands attorney looking to come to a settlement agreement. However her husband / attorney seem to be acting unreasonable. My daughter moved out of their house with just what she could pack up in my truck.If she does not hear back from her husband's attorney regarding a settlement, what is the next step in this process?In my daughter's response to the court, she asked for spousal support for 6 months. She graduated from college and is currently conducting her job search. Is there a separate hearing for spousal support vs. assets or is it all decided at one hearing?

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Lucy, Esq.

Juris Doctor

32,034 satisfied customers
I've just married my wife (30OCT16). She has a three year

I've just married my wife (30OCT16). She has a three year old son, Nate. She was never married to the biological father. They have a casual 50/50 custodial agreement. We live 1.5hrs from her father. I've asked that we soon pursue having custodial rights determined by the court. We, of course, wish to be granted rights as custodial parents. She does not work, as I have a high paying job. We signed a prenuptial agreement stating that in a scenario where the court has given custodial rights to Nate's father, the court is to base any child support requirement off of the income of his mother, my wife, who again does not work. This is to protect my/our income, assuming child support is based on a percentage of income.My employer has just asked that I declare whether I determine to file taxes as "married and filing jointly" or "married and filing separately".My question is this: Would filing "married/jointly" be seen by the eyes of the court in the upcoming year as a blending of income, one in which they can base child support requirements upon if Nate's father were to be given the majority of custodial rights, regardless of what we've stated in our prenuptial agreement in attempt to avoid it?Thanks in advance!

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Loren

Juris Doctor

40,414 satisfied customers
In texas. If there was a verbal agreement that everything

In texas.If there was a verbal agreement that everything would be kept separate - pre and post marriage, confirmed by de facto total separation of assets and income..neither of us ever had anynidea ofnthe financial situation of the other, would that constitute the equivalent of a prenuptial upon divorce? I understand the community property situation but a verbal corroborated by facts and actions and intent should be same as a written contract?

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Gerald-Esquire

Juris Doctor

6,128 satisfied customers
Colorado Fam Law: Wife abandoned our July 7 marriage on Sept

Colorado Fam Law: Wife abandoned our July 7 marriage on Sept 5, 2016, by suddenly moving from shared marriage home rental; wife did not move in, co-occupy marriage rental, with husband until July 28th (July 28-Sept 5, 2016) three weeks after July 7 marriage; wife moved in with husband July 28th after her church friends questioned her failure to move in with husband after 3 weeks of marriage;wife agreed pre-marriage to marry early to enroll in husband's cadillac health insurance plan due to wife's sudden severe pancreatitis illness/growing med expenses, to preserve her remaining bank assets from premium costs and 20%+ "deductible" expense depletion on her proposed pvt Obamacare plan purchase;one month pre-marriage, then-girlfriend voluntarily deposited $13,400 into then-boyfriend's bank acct stating she wanted to pay off then-boyfriend's $13,400 tax debt; then-girlfriend never ever mentioned pre-marriage or during marriage the $13,400 was a personal loan or repayment contract; soon thereafter then-boyfriend paid off tax debt; after wife abandoned marriage and husband, only then did wife allege the $13,400 was a loan to then-boyfriend pre-marriage. Then-boyfriend, and eventual husband, never coerced or forced then-girlfriend, eventual wife, to deposit $13,400 into his bank account; then-girlfriend's deposit was entirely voluntary; she said she was very happy and never wanted me to leave her, she couldn't live without me.Wife, upon marriage, enrolled in husband's "family" health plan; she still pays her portion of monthly premium ($876) for med covg during the abandonment/separation; husband pays his family med ins premium share also ($551); wife's covered med expenses to date for her illness is estimated $100k-200k and growing. Wife's family med insurance enrollment/covg into husband's plan has saved wife's bank account balance from complete asset depletion to date if wife had originally enrolled in a separate pvt health plan like she originally had wanted to do.Couple want to divorce but now wife allegedly contests husband owes her the gifted $13,400; coincidentally, wife also still owes her own pre-marriage unpaid, unfiled, personal income taxes and uninsured med bills she never resolved from previous yrs prior to 5-week marriage; she wants husband now to pay her the gifted $13,400 to assist her pay off of her delinquent tax and pre-marriage uninsured med bills she irresponsibly never paid off.Further note: husband determined once married, though undiagnosed, that wife is likely bipolar. Wife's behaviors are very erratic and impulsive though at the time of the gifted $13,400 husband was not convinced entirely this was the case as not being a psych professional.Wife fervently/defiantly always denied any psych issues.There are no other issues to be resolved in this abbreviated 5-week no-fault CO marriage where wife suddenly abandoned without notice.(1) Are there any grounds in CO law for wife to force husband to now repay the voluntary girlfriend-to-boyfriend $13,400 gift pre-marriage without a contract or verbal agreement to prove such?(2) Wife abandoned marriage with husband. On such a short abandoned marriage, are there any issues a family law judge could conceivably entertain in this dissolution when filed?I've waited since Sept 5 to allow wife to possibly come to her senses but to no avail. She wants a divorce also. I need to proceed with a dissolution filing and handle it myself. Can't afford the legal fees for what is a simple abbreviated abandonment marriage. Thx so much. MP

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Lucy, Esq.

Juris Doctor

32,034 satisfied customers
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