Hi. My fiancé and I are thinking about drafting a pre-nup. He makes about three times as much as I do, and his retirement should be three to four times larger than mine will be. My family has some real estate that I should inherit. He may inherit a small life insurance policy, but that is all. On our pre-nup, he wants to say that if we get divorced after 10 years, our inheritance would be community property, and would be therefore split 50/50. He says that it is only fair that he should get half of my inheritance because I would get half of his retirement. I do have retirement, it is just smaller because I am a teacher. Do you think this is fair? What would be your advise? Thanks!
Your questions evidence a fundamental lack of understanding of your own property rights after marriage. My advice is to get your own attorney to advise you and do not take the advice of your fiance. What he proposes is not fair to you at all.
Although I am a lawyer, I am not your lawyer. The site is an excellent resource for locating legal counsel, but posting answers to questions does not create an attorney/client relationship.
The family code and Texas community property law makes inheritance separate property and retirement community property to the extent it is earned during the marriage. I would tell a spouse that I don't make the law but if they want a pre-nup or post nuptial agreement that the law is the law and if it works to your advantage you have no real reason to just give it up. Of course one recourse a person has is to then not marry, but if you're already married, my view is the law is the law and you didn't create it. Since you apparently are not married, this is just a matter of whether you can agree, because in the final analysis it can affect whether you marry. My final answer is for you to do what is fair and what you can agree to without holding it against him or yourself.
Please retain a family attorney. Inherited property is not community property, so there is nothing to trade there.
This is not something to resolve over a web site.
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