protection after marriage - ownership possibiliites

i am buying a house with my fiance (the wedding is after the house closing) and we want to be protected in the event that we divorce.

we don't want a pre-nup as we don't like the idea of going into a marriage assuming it will end in divorce. however, my parents have *warned* me to be cautious because they went through such a nasty divorce themselves. their concern is not a reflection on my choice in partners but rather due to their horrible experience and *you just never know*.

both my fiance and I will be on the deed but what sort of ownership should we be looking at? what if A leaves and B is *stuck* paying the whole mortgage? what if A leaves and B is forced to pay up the A's share of the house (thereby forcing B to sell the house)? is there any way to protect ourselves from eachother when/if we are not on amicable terms?

[HomeGuru]

Originally posted by HunyBdgr
i am buying a house with my fiance (the wedding is after the house closing) and we want to be protected in the event that we divorce.

we don't want a pre-nup as we don't like the idea of going into a marriage assuming it will end in divorce. however, my parents have *warned* me to be cautious because they went through such a nasty divorce themselves. their concern is not a reflection on my choice in partners but rather due to their horrible experience and *you just never know*.

both my fiance and I will be on the deed but what sort of ownership should we be looking at? what if A leaves and B is *stuck* paying the whole mortgage? what if A leaves and B is forced to pay up the A's share of the house (thereby forcing B to sell the house)? is there any way to protect ourselves from eachother when/if we are not on amicable terms?

**A: that's the purpose of a pre-nup. agreement.

Yes that IS the reason for a prenup however, we were buying the house BEFORE we get married. The deed will be already written and signed way before the marriage will take place. That is why I was interested in wording prior to a prenup/marriage.

[HomeGuru]

Originally posted by HunyBdgr
Yes that IS the reason for a prenup however, we were buying the house BEFORE we get married. The deed will be already written and signed way before the marriage will take place. That is why I was interested in wording prior to a prenup/marriage.

**A: so what's the problem? Have the prenup agreement signed before the home purchase. I don't care what you call it. You can call it a prenup, presexual agreement, prepurchase agreemnet, mutual understanding agreement, before we buy this house agreement**************.
Make sure the agreement specifies what happens in the event of a separation and divorce. Is the property sold, can one party buy out the other and if so how would the price be determined, will the property be sold to a third party and who gets what share, how would the shares be calculated, who would responsible for the mortgage payments, repair and maintenance, real property taxes, insurance etc., If one party remains in the property does this party pay rent and how much, does this rent offset the obligation of the liability share of the mortgage payment**************