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Can a prenuptial be dismissed because he lied to the attorney and me saying that the house was his?

Asked almost 3 years ago - Rosharon, TX

My husband and I sign a prenuptial before we got married. If a divorce was to happen he was going to keep the house. but after 2 year we been married. I just found out that he is still paying the house off and the house is not under his name yet so can a prenuptial be dismissed because he lied to the attorney and me saying that the house was his?

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Attorney answers (2)

Lu Ann Trevino

Reputation Level 17

Answered almost 3 years ago. Debt / Lending Agreements Lawyer in Houston, TX.

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These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

Generally, any agreement can be ruled invalid if one of the parties fraudulently induced the other to enter the agreement. There are specific elements to this type of claim and can be very difficult to prove.

Without more facts I can't give a clear answer. It appears your husband had bought a house with a mortgage before the agreement was made and simply wanted to make sure it remained his, subject to the mortgage, in case of a divorce.

If you are planning to divorce, you should consult a family attorney to discuss the impact of the agreement.

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Patricia Faye Bushman

Reputation Level 15

Answered almost 3 years ago. Family Law Attorney in Houston, TX.

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You need to have this reviewed by an attorney. Just because he is still paying for the house may not mean the deed isn't in his name. Fraud could be grounds for nullifying a prenup but you would have to prove it was fraud.

For educational purposes only. No attorney-client relationship was established by this communication.

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