premarital agreement - property rights

[cybrcwby]

BACKGND: spouse of 8 yrs filed dissolution. may 2006. we have 2 kids; 4 & 2. she asked me to leave our house, i did for 3 months until i rcvd a 4closure warning from our lender. i only provided for my kids while out & was unable to pay mortgage & rent, so i moved back & paid it all up. wife has a good state job ~35k+bens & i earn ~40k as a jr engr. no TROs or stay away orders. Last mo, her atty won a temporary exclusive possession & control order for our house. Since i left before... the judge sent me. This order is just a kick out, it does not disallow me from the property, no words on title/ownership & it has no expiration time. 1 wk after i left, we signed 50% joint phys custody on both kids @ family court.

RELVNT FACTS: 1998 she completed a 9 mo RCIA program thru our parrish & rcvd both her sacraments. also that yr, together we attended 2 days of manditory engagement classes & one evening of pre-marriage counseling. We married later that year & rcvd Catholic marriage sacraments in a mass given for us.

--> Just before our wedding we were required to sign an agreement with each other and the church to be a catholic family, raise catholic kids, keep a catholic home & practice the faith forever. We both signed the contract, as did my best man, her maid of honor & our priest. this premarital contract is on file with our diosese.

QUEST: CAN THIS CONTRACT BE RECOGNIZED BY THE COURT AS A "PREMARITAL AGREEMENT"? as defined in Division 4 - "Rights & Obligations During Marriage" of the CAFC (sec. 1500-1620). If yes, CAN IT BE USED TO BIND THE RIGHTS AND OBLIGATIONS OF EACH PARTY IN OUR FIDUCIARY RELATIONSHIP TOWARD OUR COMMUNITY PROPERTY? (sec. 720-751).

She now has a guy friend that stayes there overnite 2-3 days a week, even with our kids there. it may 6 or more months before the house sells. Bottom line is that our children should not be exposed to this at their ages (4 & 2), especially in their home and while we are still married. she condones adultry and subjects our kids to her subversive ways as if it was normal behavior. her actions are opposite the values being taught to our children by the church, by my family & by myself. Our kids should not have be influenced by the disrespect for our family that she promotes around them.

WOULD FAMILY COURT BE THE BEST VENUE FOR THIS?

[LdiJ]

Originally Posted by cybrcwby

BACKGND: spouse of 8 yrs filed dissolution. may 2006. we have 2 kids; 4 & 2. she asked me to leave our house, i did for 3 months until i rcvd a 4closure warning from our lender. i only provided for my kids while out & was unable to pay mortgage & rent, so i moved back & paid it all up. wife has a good state job ~35k+bens & i earn ~40k as a jr engr. no TROs or stay away orders. Last mo, her atty won a temporary exclusive possession & control order for our house. Since i left before... the judge sent me. This order is just a kick out, it does not disallow me from the property, no words on title/ownership & it has no expiration time. 1 wk after i left, we signed 50% joint phys custody on both kids @ family court.

RELVNT FACTS: 1998 she completed a 9 mo RCIA program thru our parrish & rcvd both her sacraments. also that yr, together we attended 2 days of manditory engagement classes & one evening of pre-marriage counseling. We married later that year & rcvd Catholic marriage sacraments in a mass given for us.

--> Just before our wedding we were required to sign an agreement with each other and the church to be a catholic family, raise catholic kids, keep a catholic home & practice the faith forever. We both signed the contract, as did my best man, her maid of honor & our priest. this premarital contract is on file with our diosese.

QUEST: CAN THIS CONTRACT BE RECOGNIZED BY THE COURT AS A "PREMARITAL AGREEMENT"? as defined in Division 4 - "Rights & Obligations During Marriage" of the CAFC (sec. 1500-1620). If yes, CAN IT BE USED TO BIND THE RIGHTS AND OBLIGATIONS OF EACH PARTY IN OUR FIDUCIARY RELATIONSHIP TOWARD OUR COMMUNITY PROPERTY? (sec. 720-751).

She now has a guy friend that stayes there overnite 2-3 days a week, even with our kids there. it may 6 or more months before the house sells. Bottom line is that our children should not be exposed to this at their ages (4 & 2), especially in their home and while we are still married. she condones adultry and subjects our kids to her subversive ways as if it was normal behavior. her actions are opposite the values being taught to our children by the church, by my family & by myself. Our kids should not have be influenced by the disrespect for our family that she promotes around them.

WOULD FAMILY COURT BE THE BEST VENUE FOR THIS?

Your religious contract is not a legal one and will have no bearing on your case.

As far as the rest is concerned, since you erased the sentence asking for the name of your state, you really can't get much advice.