How to divide ownership of house - not directly on title

[dberliner]

Hello!

First, I and My fiancé live in California.

We are about to be married shortly and already have a pre-nup. We are also purchasing a house these days (the purchase or ownership were not mentioned in the pre-nup documents).

The mortgage taken would be under my spouse's name only, but I will contribute to the down payment (not an even share) and will also pay half the mortgage payments (even share).

Since the mortgage and title would be under my spouse's name I am worried that the pre-nup might not cover me in case of future divorce. What type of document could I sign in addition to the pre-nup I already have, that would reflect the fact I will be paying half the mortgage in practice and will contribute a sizable amount to the down payment , so that in case of separation I will receive my fair share of equity in the house, including any appreciation in value?

Thank you.

 

[Zigner]

Hello!

First, I and My fiancé live in California.

We are about to be married shortly and already have a pre-nup. We are also purchasing a house these days (the purchase or ownership were not mentioned in the pre-nup documents).

The mortgage taken would be under my spouse's name only, but I will contribute to the down payment (not an even share) and will also pay half the mortgage payments (even share).

Since the mortgage and title would be under my spouse's name I am worried that the pre-nup might not cover me in case of future divorce. What type of document could I sign in addition to the pre-nup I already have, that would reflect the fact I will be paying half the mortgage in practice and will contribute a sizable amount to the down payment , so that in case of separation I will receive my fair share of equity in the house, including any appreciation in value?

Thank you.

And amendment to the prenup would seem to be in order.

 

[adjusterjack]

Get thee to an attorney and make sure it gets done right.

 

[quincy]

Hello!

First, I and My fiancé live in California.

We are about to be married shortly and already have a pre-nup. We are also purchasing a house these days (the purchase or ownership were not mentioned in the pre-nup documents).

The mortgage taken would be under my spouse's name only, but I will contribute to the down payment (not an even share) and will also pay half the mortgage payments (even share).

Since the mortgage and title would be under my spouse's name I am worried that the pre-nup might not cover me in case of future divorce. What type of document could I sign in addition to the pre-nup I already have, that would reflect the fact I will be paying half the mortgage in practice and will contribute a sizable amount to the down payment , so that in case of separation I will receive my fair share of equity in the house, including any appreciation in value?

Thank you.

It makes sense to amend your pre-nuptial agreement to include the house. I agree with adjusterjack that having an attorney involved in the agreement’s construction would be smart. You want to make sure that all you want covered is covered adequately and can withstand a possible future legal challenge.

 

[Zigner]

It makes sense to amend your pre-nuptial agreement to include the house. I agree with adjusterjack that having an attorney involved in the agreement’s construction would be smart. You want to make sure that all you want covered is covered adequately and can withstand a possible future legal challenge.

In CA, each must have their own attorney review the agreement. This requirement can be waived by the parties, but that would be dumb.

 

[quincy]

In CA, each must have their own attorney review the agreement. This requirement can be waived by the parties, but that would be dumb.

That is a good requirement. I wonder if dberliner is aware of that.

 

[LdiJ]

Hello!

First, I and My fiancé live in California.

We are about to be married shortly and already have a pre-nup. We are also purchasing a house these days (the purchase or ownership were not mentioned in the pre-nup documents).

The mortgage taken would be under my spouse's name only, but I will contribute to the down payment (not an even share) and will also pay half the mortgage payments (even share).

Since the mortgage and title would be under my spouse's name I am worried that the pre-nup might not cover me in case of future divorce. What type of document could I sign in addition to the pre-nup I already have, that would reflect the fact I will be paying half the mortgage in practice and will contribute a sizable amount to the down payment , so that in case of separation I will receive my fair share of equity in the house, including any appreciation in value?

Thank you.

Why don't you just buy the house jointly?

 

[zddoodah]

We are about to be married shortly and already have a pre-nup. We are also purchasing a house these days (the purchase or ownership were not mentioned in the pre-nup documents).

Several questions:

1. Why did you and your fiancé choose to enter into a prenup?
2. Why didn't you mention the house in the prenup?
3. Why not wait until you're married to buy the house?
4. Are you going to amend the prenup to address the house purchase?
5. Were either or both of you represented by attorneys in connection with the negotiation for and execution of the prenup?

The mortgage taken would be under my spouse's name only, but I will contribute to the down payment (not an even share) and will also pay half the mortgage payments (even share).

Most mortgage lenders will not allow your name to be on title if your fiancé is the only person obligated on the mortgage. Sounds like you're aware of this.

What type of document could I sign in addition to the pre-nup. . . .

Among other things, an amendment to the prenup or a postnup.

 

[quincy]

An amendment to the prenuptial agreement that addresses the house and home ownership makes sense.