House rights when getting divorced

[kurt2017]

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

HI I have a question. I bought a house a couple years ago. Now, I'm considering getting remarried. I'm know that the house is pre-marital property, but I'm hearing that if they pitch in on repairs and such they could claim part of it. Also, the person pays around 700 in bills every month but it doesn't go to anything specific like the mortgage payment. However, if we ever got divorced I wonder if they could claim part of my house in a divorce fight since they pitched in like that?

I have about 60k in equity in the house right now; I recently got an appraisal, so can't I use that and the real equity I have in the house (the house has gone up considerable due to market forces) to show how much of the house was 100% mine before we got married?

Any advice would be appreciated, thanks

 

[Zigner]

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

HI I have a question. I bought a house a couple years ago. Now, I'm considering getting remarried. I'm know that the house is pre-marital property, but I'm hearing that if they pitch in on repairs and such they could claim part of it. Also, the person pays around 700 in bills every month but it doesn't go to anything specific like the mortgage payment. However, if we ever got divorced I wonder if they could claim part of my house in a divorce fight since they pitched in like that?

I have about 60k in equity in the house right now; I recently got an appraisal, so can't I use that and the real equity I have in the house (the house has gone up considerable due to market forces) to show how much of the house was 100% mine before we got married?

Any advice would be appreciated, thanks

Consult with an attorney to help you draw up a pre-nup.

 

[kurt2017]

Consult with an attorney to help you draw up a pre-nup.

Well that's a very slippery slope lol.

Is it possible to give an answer assuming there wasn't a pre-nup in place?

 

[Zigner]

Well that's a very slippery slope lol.

I don't understand this comment.

Is it possible to give an answer assuming there wasn't a pre-nup in place?

It's possible to guess. But you don't want guesses.

Consult with a local attorney.

 

[kurt2017]

I don't understand this comment.
It's possible to guess. But you don't want guesses.

Consult with a local attorney.

I can do that, but figured I would ask a legal forum first. What would be an example of a question that one would ask here without having to consult with a local attorney?

And by slippery slope, I mean that most people don't do that and don't want to.

 

[Zigner]

I can do that, but figured I would ask a legal forum first. What would be an example of a question that one would ask here without having to consult with a local attorney?

You may wish to start with the following:
I bought a house a couple years ago. Now, I'm considering getting remarried. I'm know that the house is pre-marital property, but I'm hearing that if they pitch in on repairs and such they could claim part of it. Also, the person pays around 700 in bills every month but it doesn't go to anything specific like the mortgage payment. However, if we ever got divorced I wonder if they could claim part of my house in a divorce fight since they pitched in like that?

I have about 60k in equity in the house right now; I recently got an appraisal, so can't I use that and the real equity I have in the house (the house has gone up considerable due to market forces) to show how much of the house was 100% mine before we got married?

Any advice would be appreciated, thanks

And by slippery slope, I mean that most people don't do that and don't want to.

People who go in to a marriage concerned about their pre-marital property interests do.

 

[kurt2017]

People who go in to a marriage concerned about their pre-marital property interests do.

Yes and again that's VERY uncommon. few people do, everyone always thinks their marraige is going to last forever. I however have learned, that is not always the case and want to be prepared this time especially since I have some money to lose this time.

 

[HighwayMan]

Yes and again that's VERY uncommon. few people do, everyone always thinks their marraige is going to last forever. I however have learned, that is not always the case and want to be prepared this time especially since I have some money to lose this time.

Then you need to consult with an attorney. At some point you seem to be implying that you don't want to go that route.

 

[PayrollHRGuy]

Hence, you should get a pre-nup.

 

[Just Blue]

Yes and again that's VERY uncommon. few people do, everyone always thinks their marraige is going to last forever. I however have learned, that is not always the case and want to be prepared this time especially since I have some money to lose this time.

Ya know...If you're not even married yet and already prepping for the divorce...perhaps she is just not "the one".

 

[Zigner]

Yes and again that's VERY uncommon.

It's more common than you think.

 

[HighwayMan]

Ya know...If you're not even married yet and already prepping for the divorce...perhaps she is just not "the one".

I'll take the OP's side here.

No one expects to get divorced when one gets married. If you've been burned once you'd just be looking to cover all the bases. It can't hurt to prepare for a worst-case scenario.

 

[Zigner]

Ya know...If you're not even married yet and already prepping for the divorce...perhaps she is just not "the one".

I've heard that said before, but I also understand that people can be realists. A pre-nup isn't just for people who think they might get divorced. I've always been a fan of a pre-nup that phases itself out over time.

 

[Zigner]

I'll take the OP's side here.

No one expects to get divorced when one gets married. If you've been burned once you'd just be looking to cover all the bases. It can't hurt to prepare for a worst-case scenario.

Sure, but our OP thinks that a prenup is a bad thing. In other words, he's trying to avoid covering his bases.

 

[PayrollHRGuy]

Yet he admits the need.