postnuptial agreement

[jroberts]

What is the name of your state (only U.S. law)? Washington
I just recently got married and have found I may need to have a postnuptial agreement drawn up. My home I purchased January 2001, just got married June 2009. My grandmothers home is left to my Uncle and he is leaving this same property to myself. Both of these properties are not in his name and I will not be adding him to the title of my current property. This is the only issues we will have, there are no children nor will there be, he is bipolar and is now making all kinds of comments to people that he is going to this and that to the house and he is not going to just walk away this time. I have worked hard to get keep my home these last two years and I do not want to have to do it again. Is a postnuptial agreement in this situation the solution?

[Ohiogal]

Originally Posted by jroberts

What is the name of your state (only U.S. law)? Washington
I just recently got married and have found I may need to have a postnuptial agreement drawn up. My home I purchased January 2001, just got married June 2009. My grandmothers home is left to my Uncle and he is leaving this same property to myself. Both of these properties are not in his name and I will not be adding him to the title of my current property. This is the only issues we will have, there are no children nor will there be, he is bipolar and is now making all kinds of comments to people that he is going to this and that to the house and he is not going to just walk away this time. I have worked hard to get keep my home these last two years and I do not want to have to do it again. Is a postnuptial agreement in this situation the solution?

He will be entitled to a portion of the equity in the home you bought in 2001 quite frankly if you paid the mortgage with income earned during the marriage. With the inheritance, so long as you use NO MARITAL funds there would be no marital claim. You would have to keep it comepletely separate. And post nups are usually worth little more than the paper printed on UNLESS they are separation agreements signed by a judge and made an order.

[LdiJ]

Originally Posted by Ohiogal

He will be entitled to a portion of the equity in the home you bought in 2001 quite frankly if you paid the mortgage with income earned during the marriage. With the inheritance, so long as you use NO MARITAL funds there would be no marital claim. You would have to keep it comepletely separate. And post nups are usually worth little more than the paper printed on UNLESS they are separation agreements signed by a judge and made an order.

I agree with OG but I want to emphasize that he is only entitled to a portion of the equity that accrued DURING the marriage. Since you have only been married a month any equity accrued up until now is still your separate property. You might want to get the home appraised to establish your current equity amount now.

You also need to have a frank discussion with him about the house. The fact that he is making the statements he is making is a little disturbing after only 1 month of marriage.