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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?
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6/18/2017
RayAnswers
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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.

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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.

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Customer reply replied 1 year 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.

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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 ...

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Customer reply replied 1 year ago
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