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re: My buddies fiance insists he sign a prenup.
Posted on 7/13/20 at 6:17 am to yellowfin
Posted on 7/13/20 at 6:17 am to yellowfin
quote:
Someone should have explained to her that inheritance isn’t community property....would have avoided a fight
I don’t think you realize how easily separate property can become marital property.
The only way she can be sure it all stays separate by Default provisions is to put it in an independent account and basically never use it.
1
Posted on 7/13/20 at 6:18 am to Tunasntigers92
By not signing it he confirms the necessity of it. And it’s not just about her, but for the benefit of the rest of the company.
Posted on 7/13/20 at 6:26 am to Volvagia
I was wondering the same. Say the time comes and she does actually inherit a fortune and they're still married, doesn't that become moneys of both? I know you can try to set up trusts for specific children to try to keep it away from the husband, but what else?
Posted on 7/13/20 at 6:30 am to Tunasntigers92
Sign it or leave her!
It's her fricking money in the first place and if he won't sign it then I think HE has the alternative motives to not make the marriage work.
Plus, It isn't like he will walk away with nothing if they divorce. He will still get half the things they accumulate over the time of marriage which should be a good bit if she is that loaded.
It's her fricking money in the first place and if he won't sign it then I think HE has the alternative motives to not make the marriage work.
Plus, It isn't like he will walk away with nothing if they divorce. He will still get half the things they accumulate over the time of marriage which should be a good bit if she is that loaded.
This post was edited on 7/13/20 at 6:32 am
Posted on 7/13/20 at 6:32 am to Tunasntigers92
She’d be an idiot not to want him to sign one.
Posted on 7/13/20 at 7:10 am to East Coast Band
quote:
I was wondering the same. Say the time comes and she does actually inherit a fortune and they're still married, doesn't that become moneys of both? I know you can try to set up trusts for specific children to try to keep it away from the husband, but what else?
No. The act of transferrance is protected within marriage. However, there are a lot of acts after that can convert it into marital property.
Any commingling with marital property converts it.
Buy a house with it? Even if it’s 100% paid for by inheritance it’s now community property.
Take charge over the assets in order to see it grow? Even a shitty lawyer would be able to make a compelling argument that even if the original sum was protected, all growth that occurred Within the marriage is community property.
Unless it’s all prearranged, any action on the assets while married could be used to argue for conversion to community property.
You always have this wise guy who comes in and acts like inheritance income being separate is something that is absolute and infinite.
Posted on 7/13/20 at 7:13 am to DevilDagNS
quote:
By not signing it he confirms the necessity of it. And it’s not just about her, but for the benefit of the rest of the company.
He must be hung and really make her laugh for as far down she is marrying.
Marriage is as much a business transaction as it is an emotional one. Because she is actually worth something, she is just codifying how her assets will be handled.
He is just thinking about the emotional angle, and only how it affects him no less.
This post was edited on 7/13/20 at 7:15 am
Posted on 7/13/20 at 7:14 am to Tunasntigers92
quote:
He is concerned that she is convinced the marriage will eventually fail due to the request made.
Then your buddy is a fricking idiot. She is protecting herself and her interest which she should if a lot of money is involved and he had nothing to do with the creation or generation of that money.
Posted on 7/13/20 at 7:20 am to Tunasntigers92
The prenup is likely about the business and not the money
Posted on 7/13/20 at 7:22 am to TBoy
quote:
trust your women
Women? You sly dog ...
Posted on 7/13/20 at 7:25 am to Volvagia
quote:
Buy a house with it? Even if it’s 100% paid for by inheritance it’s now community property.
i don't think this part is 100% true, but it can be considered the marital residence for other things, iirc
quote:
Take charge over the assets in order to see it grow? Even a shitty lawyer would be able to make a compelling argument that even if the original sum was protected, all growth that occurred Within the marriage is community property.
fruits of separate property are often community, yes. you can have them sign a form for this without a full prenup
the prenup just makes everything cleaner for the others involved in the business if/when it transfers to her during the marriage
Posted on 7/13/20 at 10:04 am to madamsquirrel
quote:
well now we know who didn't have money when they got married
I was actually in my mid 30's with a retirement account, military pension, and a few bucks in the bank.
I'm not too much of a religious guy but I believe that when you enter into a marriage, you do so without reservation. That's just me. I don't judge anyone who wants to have their back end covered but I also think than when you leave yourself outs, you're much more dis-positioned to give up on the marriage potentially prematurely.
Posted on 7/13/20 at 10:33 am to Tunasntigers92
so this prenump includes future windfalls?
Posted on 7/13/20 at 10:46 am to tigerinthebueche
quote:
Can’t you write the prenup to state any terms you both agree to? If so, I can see why people would want one.
Exactly my feelings on the matter. You get your own attorney for this stuff. They’re generally not going to let something get signed off on that totally fricks you.
I’ll sign a prenup all day every day. That’s not hindering me marrying.
Posted on 7/13/20 at 10:48 am to Tunasntigers92
quote:
My buddies fiance insists he sign a prenup.
I don't understand the problem.
PreNups in this situation are perfectly reasonable and logical, and aren't a "concession to failure".
Tell your friend to grow up if he has a problem with it. Should be a redflag for HER.
Posted on 7/13/20 at 10:50 am to Tunasntigers92
quote:
I told him he ought to sign it anyway.
He should tell her that it’s a gesture of his faith in their love. That he’s signing it because he believes that it will never be needed.
Posted on 7/13/20 at 10:54 am to Godfather1
Sign it and also make her sign it. Divorce are in favor of women so make sure you don't give anything too. Also hold on having that kid for 3 years.
Posted on 7/13/20 at 11:00 am to MeTarzanYouInsane
quote:
I'm not too much of a religious guy but I believe that when you enter into a marriage, you do so without reservation
I get this, but I also feel like it’s convenient for people who make average incomes to feel this way. If you were an unusually high earner, would you have the same opinion?
Posted on 7/13/20 at 11:03 am to Tunasntigers92
quote:
He is concerned that she is convinced the marriage will eventually fail due to the request made.
He sounds like he is convinced that the marriage isn't going to last due to the desire to not to want to sign it.
Posted on 7/13/20 at 11:19 am to Tunasntigers92
quote:
she's the heiress to a trucking company fortune, likely to inherit tens of millions,
quote:
he comes from a wealthy family himself,
Well thats simple.
He draws up his own prenup for her to sign. They both sign each other's prenup and get married.
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