Can i get a prenuptial agreement after marrige for 4 months

Asked over 3 years ago - Usk, WA

i have 3 property that i buy before i get married,

i am now married for (4) months now and i can see signs that my husband had only married me for what i have. i did not let him sign a prenuptial agreement before married.

i work really hard for what i have and he just came in my life after 4 months now and he want half of what i have..

can i get him to sign a postnaptial agreement.

Attorney answers (2)

  1. Yevgeny Jack Berner

    Pro

    Contributor Level 15

    Answered . You cannot force him to sign a post-nuptial agreement. I suppose you can threaten to divorce him if he refuses to sign but that kind of threatening, unduly influential behavior may compromise the integrity of the documnt you'd be trying to get him to sign. I recommend you consult with an experienced attorney who drafts post-nuptial agreements regularly to see what steps you'd need to take to maximize the enforceability of any such post-nuptial agreement (i.e., making sure your husband has his own attorney, making sure there's a sufficient paper trail between the attorneys and that it not be a "rush" job). Again, you wouldn't be able to go anywhere with it unless your husband agrees to even sign such a document. Realistically, however, if you two have only been married for 4 months and these were your separate assets before the marriage, they'd more than likely still be considered your separate assets unless there's been a ton of joint refinancing, joint improvement projects, etc. I guess it also depends on how long you two lived together uninterrupted in a committed relationship before you got married and whether any of these things were done during that period of time (i.e., meretricious relationship).

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  2. Steven Alan Fink

    Contributor Level 20

    Answered . You cannot force him to sign postnup agreement. The 3 properties are yours and will remain your separate property if you do not put title in his name, do not use joint funds to pay on properties, and do not commingle these assets with community assets.

    If you think he only married you for your money, his failure to sign a post nup will be a good indication. Divorce his sooner, rather than later.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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