Contemplating marriage...questions about my house...

cadillaclimo · #1 08-06-2008, 10:02 AM

What is the name of your state (only U.S. law)? PA

I was married/divorced once, and have 3 grown children from that marriage, and the marital home (in my name only). I would like to get married again (urgent due to religious reasons), but my fiance has some issues, and has no property, money, etc so would be bringing no financial assests into the marriage....therefore I want to protect myself "just in case".

If I were to marry this guy, and it didn't work out, would he have legal right to 1/2 of my house if he never contributed any financial help with it? Can anyone offer suggestions on the best way to protect myself & my children's rights to the home (in the event of my death) if/when I get remarried?

Zigner · #2 08-06-2008, 10:04 AM

Quote:

Originally Posted by cadillaclimo

What is the name of your state (only U.S. law)? PA

I was married/divorced once, and have 3 grown children from that marriage, and the marital home (in my name only). I would like to get married again (urgent due to religious reasons), but my fiance has some issues, and has no property, money, etc so would be bringing no financial assests into the marriage....therefore I want to protect myself "just in case".

If I were to marry this guy, and it didn't work out, would he have legal right to 1/2 of my house if he never contributed any financial help with it? Can anyone offer suggestions on the best way to protect myself & my children's rights to the home (in the event of my death) if/when I get remarried?

I am curious as to what kind of religious "emergency" would you to get married?

cadillaclimo · #3 08-06-2008, 10:14 AM

I wouldn't call it a "religious emergency", it's just my own religious beliefs. Because people keep advising against legally marrying him, nowadays people think nothing of just living together**************but due to my religious beliefs that is not an option for me.

amyjeans · #4 08-06-2008, 10:15 AM

how about a pre-nuptial agreement?

Zigner · #5 08-06-2008, 10:34 AM

Quote:

Originally Posted by cadillaclimo

I wouldn't call it a "religious emergency", it's just my own religious beliefs. Because people keep advising against legally marrying him, nowadays people think nothing of just living together**************but due to my religious beliefs that is not an option for me.

If your religious beliefs force you to get married, then they should also prevent you from getting a divorce.

This may not be the one for you...

cadillaclimo · #6 08-06-2008, 02:11 PM

Thank you Amyjeans...yes I had thought about a prenupt. I was just trying to take all options into prospective. I also want to be fair to him.

As for Zigner.....I thought this was a LEGAL forum**************not a forum to judge or voice opinions on my religious beliefs and/or choices. I came on here to ask for LEGAL info.

Zigner · #7 08-06-2008, 02:15 PM

Quote:

Originally Posted by cadillaclimo

Thank you Amyjeans...yes I had thought about a prenupt. I was just trying to take all options into prospective. I also want to be fair to him.

As for Zigner.....I thought this was a LEGAL forum**************not a forum to judge or voice opinions on my religious beliefs and/or choices. I came on here to ask for LEGAL info.

In your case, the line is blurred. You are asking how to protect your property. I'm giving advice related to that question. Thus, my answer is absolutely proper.

LdiJ · #8 08-06-2008, 02:34 PM

There is an option other than a prenup but it has some downsides.

You could deed the house to your children now, with you retaining a life estate in the property. The upside to that is that it could never be declared to even be partially marital property.

Downsides: If you ever need to pull equity out of the property, ie to fund nursing home care or you just want to move, downsize or upgrade its a problem.

Your children will also not get a stepped up basis when the house is eventually sold, therefore they will pay capital gains tax on the property.

Prenups aren't a perfect solution either. A good attorney can often break them.

Do you currently have any significant savings in a premarital bank account. If only premarital money is used to maintain (pay the mortgage, taxes, and upkeep) the house, then it would remain totally separate property.

cadillaclimo · #9 08-06-2008, 05:59 PM

Thank you Ldij,
Right now I pay all the mortgage, taxes, upkeep out of my (single) checking account. It was purchased during my first marriage, and alot of the down payment was from an inheritance I recieved from my parents.
The only things he does is maintains the 1 acre yard, and maybe fix little things (like if a pipe is leaking, etc...and I pay for all the parts.). Of course, if we did marry and he contributed over time, I would WANT him to jointly own the house. I'm just afraid that, say he never paid anything into it & we divorced down the road, that he would be intitled to 1/2 even though he never contributed to anything (his work track record so far isn't very good, I pretty much support him.). Been through 1 divorce, and know how ugly people & legalities can get....

Honestly, I know this probably sounds crazy that I would even consider marrying under these circumstances, but it's an unusual situation and dispite his work issues, we DO get along good. And honestly, I am tired of being alone in life, but also not wanting to just live together without a legal marriage.

LdiJ · #10 08-06-2008, 08:53 PM

Quote:

Originally Posted by cadillaclimo

Thank you Ldij,
Right now I pay all the mortgage, taxes, upkeep out of my (single) checking account. It was purchased during my first marriage, and alot of the down payment was from an inheritance I recieved from my parents.
The only things he does is maintains the 1 acre yard, and maybe fix little things (like if a pipe is leaking, etc...and I pay for all the parts.). Of course, if we did marry and he contributed over time, I would WANT him to jointly own the house. I'm just afraid that, say he never paid anything into it & we divorced down the road, that he would be intitled to 1/2 even though he never contributed to anything (his work track record so far isn't very good, I pretty much support him.). Been through 1 divorce, and know how ugly people & legalities can get....

Honestly, I know this probably sounds crazy that I would even consider marrying under these circumstances, but it's an unusual situation and dispite his work issues, we DO get along good. And honestly, I am tired of being alone in life, but also not wanting to just live together without a legal marriage.

Ok, here is what you need to understand. Once you are married your regular yearly income is considered to be marital income. Therefore even if you are the only one with income and even if you pay the mortage/taxes/maintaince on the house out of your income, any increase in quity/appreciation is marital property.

Therefore, reality is that he could end up with a marital share in your home, unless you can pay for all the expenses of the home out of premarital funds....ie savings that are proven to be premarital savings. His marital share would be 1/2 of the equity/appreciation that accrued during the marriage.

So..if the house was paid off when you married, and was worth 200k...and if you divorced 5 years later and it was worth 250k, then he would be entitle to 25k unless you could demonstrate that all expenses of the home were paid with premarital funds....or unless you had a prenup that was solid.