I've been married for 3 years and prior to our marriage my husband owned his own home (in his name only), and I purchased my home in 2009(it is in my name only). He moved in with me 1 year later after I purchased my home and we got married a year after that. During the 3 years we have done substantial work to the home we live in (both he and I) using mostly my income (as I make twice as much as he does), which has increased the value of the home. Moreover, I learned that he might be entitled to half of any increase in net equity in my home in the event of a divorce. However, if he states that he doesn't want the home or equity in the event of a divorce (I do not believe him);Can I type up a document and have him sign it in front of a notary? I want to make sure that it can hold up in court
Hey, folks-- you're simply talking about an ante-nuptual agreement exempting the house. A well written ante-nuptual can exempt the asset, and if properly written, can also exempt any accryuing equity thereupon... if the parties are agreeable at the time. Good Luck.
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Not really. The increase in value to your home is marital in nature and will be divided as such in a divorce. Obviously your husband can waive his rights, but if he's divorcing you, why would he? (I agree with you on that).
A prenuptial agreement is a device that can be used to state which property a spouse intends to keep separate, but note the prefix "pre." It has to be entered into before marriage or it isn't valid. Most agreements that contemplate divorce (short of a separation agreement) are not valid as they are against public policy favoring marriage.
If you are not contemplating a divorce, dissolution, or legal separation, there's not much you can really do.
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It can be done as part of a separation agreement dividing the marital assets and liabilities. It will hold up best if it's fair and equitable to both spouses and they are each represented by an attorney. Doing the separation agreement can be done before an actual divorce is filed.
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Any gains in the value of the home that will occur during your marriage will be considered marital equity. There are some exceptions, but you would need to discuss this with an experienced family lawyer in your area.
But regardless of whose money you used to do the upgrades, all money earned by both parties during the marriage is marital money. So you money is his and vise versa.
You could have drafted a prenuptial agreement, but it appears that you had not contemplated this before the marriage. So states allow postnuptial agreements, but they are pretty easy to have thrown out if challenged properly.
So in closing, there is nothing you can draw up, at this point, that is going to protect you. Which should worry you since it is typically not a good thing to already be contemplating what will happen in a divorce action.
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