Thursday, December 13, 2007

Prenuptial Agreements - When You Do Not Need One

The Knot published an interesting article on Prenuptial Agreements: Basics but the best part was "WHO DOESN'T NEED ONE?":

Remember that anything you own prior to marriage is separate property -- you don't need a prenuptial agreement to keep it that way. If you have property or a bank account that you want to keep in your name, leave it as is. If it's an account, don't deposit anything you earn during the marriage -- that's called 'commingling' funds. Also, anything you inherit before or during the marriage is separate property -- and so are gifts from a third party to you as an individual while you're married. Joanne and Gregg considered a prenup because Joanne's mother had passed away the year before their wedding, leaving everything to her only daughter (Joanne's dad died when she was 16). 'I wanted to make sure my inheritance wasn't going to become a huge issue if, God forbid, there were a nasty divorce,' says Joanne. But the couple found out her inheritance was not marital property, so a prenup was unnecessary. Not that the idea of one caused tension. 'Gregg knows that even though these assets are legally mine, he benefits from the fact that we have them, too -- he's got a mortgage-free home! But we were glad we wouldn't have to deal with the legal mumbo-jumbo of a prenup.'"
I like thinking my other articles on prenups made this same point. Not everyone needs a prenuptial agreement. I see the greater problem being those who need prenuptial agreements not getting them.

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