Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

For prenuptial agreements, if you state that what you came…

For prenuptial agreements, if you...
For prenuptial agreements, if you state that what you came into the marriage is "yours" how do you keep this going throughout the relationship? In the most basic way, what I am trying to determine is that if you plan to comingle finances once you are married, can a prenup really protect your assets prior to marriage? Further, what are the general prenup rules around inheritance and keeping that "yours"? Is there a time frame in which most prenups are voided because you have been married for so long?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 23 minutes by:
6/18/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,223
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question

Here you would need to keep finances and assets separate to confirm with a prenuptial agreement.The agreements list each spouse's assets and does not anticipate co mingling here.You may have a joint account for bills but everything else is kept separate .Inheritance under the Texas Family Code is separate property, the prenup doesn't need to cover that.

The spouse here inhering property needs to keep in their name and their social security number. You must keep it separated to keep it from any community property claim in a divorce.It is very possible in say 10 years you need to do a new post nuptial agreement and update the prenuptial one.You may also want to file married filing separately again to keep it all separate in a divorce.

Here the prenup doesn't become void but a post nuptial agreement may become necessary here to update any changes in property such as inheritance, etc.It can be updated in that manner.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Thanks. As a follow up, if you need to keep accounts separate to keep a prenup valid, when you buy a big item, such as a house, how would division of that work in a divorce? If for example, I paid down payment down but we jointly 50/50 paid the mortgage, would division of ownership be as easy as what percent was paid into the house by each party or would there be other things I need to keep in mind?Another question: If I were to start a company separate of my spouse while married, would they be entitled to part of my company simply by being my spouse? I know this is a generic question, but trying to figure out what I should be thinking about around this idea.Thanks

As a follow up, if you need to keep accounts separate to keep a prenup valid, when you buy a big item, such as a house, how would division of that work in a divorce? If for example, I paid down payment down but we jointly 50/50 paid the mortgage, would division of ownership be as easy as what percent was paid into the house by each party or would there be other things I need to keep in mind? That won't work in that each needs to put same amount down here and you split monthly payments.You are co mingling your separate property here and thats a bad idea.Spouse should save up their funds and you split it equally.

Another question: If I were to start a company separate of my spouse while married, would they be entitled to part of my company simply by being my spouse?It would need to be started from separate funds and the prenup or post nup must award you the business to protect it here.

Thanks again and thanks for rating 5 stars.

Ask Your Own Family Law Question

The Texas Family Code allows parties to enter into a prenuptial agreement, or prenup, before marriage. It makes those agreements enforceable so long as they meet the requirements set out in the Texas Family Code.

Should I get a prenup in Texas? • Dallas employment lawyer and Fort ...

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,223
Experience: 30 years as a family law lawyer .
Verified
RayAnswers and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Thank you, ***** ***** responses is much appreciated.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,223
45,223 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My boyfriend wants me to sign prenuptial agreement before we
My boyfriend wants me to sign prenuptial agreement before we get married. What are the disadvantages for me if I sign that? We reside in California. Can you please explain if the advantage or disadvan… read more
socrateaser
socrateaser
1,031 satisfied customers
I live in and my husband and I signed a community property
I live in Washington and my husband and I signed a community property agreement. He passed recently and I discovered that his daughter is the beneficiary of an annuity. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
My husband and I are divorcing after 13 years of marriage. I
My husband and I are divorcing after 13 years of marriage. I understand I'm only eligible for the portion of his 401k during the time we were married, but how much (percentage wise) am I entitled to a… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,676 satisfied customers
In a divorce, does community property always get granted
In a divorce, does community property always get granted when it's a business that was started with no help or financial help from the spouse?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,275 satisfied customers
I have a question about the post nuptial agreement. This
Good morning . I have a question about the post nuptial agreement . This summer I had a post nuptial agreement done with a paralegal ... that told me it could be revoked … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,121 satisfied customers
My husband and I have a prenuptial agreement; filed/live in
My husband and I have a prenuptial agreement; filed/live in Arizona. Can my husband's ex-wife sue for my lottery winnings? It is clearly stated in our prenuptial that any future windfall, inheritance … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I signed a post nuptial agreement under duress. My Husband
I signed a post nuptial agreement under duress. My Husband has filed for divorce. Is the agreement binding or can I ask for a small settlement. We were married 33 yrs. I worked & contributed to househ… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,570 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,570 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My fiance and I did a prenuptial agreement online on Rocket
Hi, My fiance and I did a prenuptial agreement online on Rocket Lawyer. The prenup agreement is relatively defensive for both of us. We will sign tomorrow the agreement in front of a public notary. We… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Community property question: If a single guy in the process
Community property question: If a single guy in the process of buying a house, loan is under HIS name and downpayment is made with HIS financial assets, but the house closes after the wedding, is the … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Not for Ray and only lawyer, Prenuptial agreement said,"
Not for Ray and only lawyer,Prenuptial agreement said, " 50-50 division ( of net proceeds from sale or otherwise ) between the parties in the event of dissolution of the marriage. "Dissolution of marr… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,811 satisfied customers
My wife and I are in NC. We signed a post nuptial agreement
My wife and I are in NC. We signed a post nuptial agreement that separated assets between the two of us a few years ago. We have been able to stay married. One of the assets that went to me was a rent… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a post nuptial agreement with my husband, for a
I have a post nuptial agreement with my husband, for a business I invested money in from the sale of premarital assets. He signed the post nuptial stating that all of it was mine and not his. He is no… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
My fiancé and I are about to sign a prenuptial agreement
My fiancé and I are about to sign a prenuptial agreement without an attorney, will it be valid? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Illinois Post Nuptial Agreement (PNA): After a 3-year
Illinois Post Nuptial Agreement (PNA):After a 3-year battle, I won a challenge by my ex regarding a post-nup (PNA). When I say won, the judge wrote a 17-page, appeal-proof, finding that referred to my… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,458 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x