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re: Premarriage Advice(asset protection)

Posted on 12/29/16 at 8:20 am to
Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 8:20 am to
She is weird and hard to pinpoint in terms of projecting future income.

Her potential career field offers many different paths that she still remains kind of undecided on.

Some are very financially comparable and some that may be more appealing to her...aren't.

Posted by Royal
God's Country
Member since Apr 2009
1051 posts
Posted on 12/29/16 at 8:22 am to
Just tell her you want it all to pass to your kids someday.
Posted by Proximo
Member since Aug 2011
25050 posts
Posted on 12/29/16 at 8:28 am to
quote:

Prenups are weak in community property states.


Are you an attorney?
Posted by lsujro
north of the wall
Member since Jul 2007
4095 posts
Posted on 12/29/16 at 8:37 am to
two things: 1) do not bring this up or talk to an attorney before you pop the question. whether or not you two get married shouldn't be swayed her family money.

2) in LA, you wouldn't be receiving any of her inheritance anyway. That stuff would belong to her. Now what you would receive would be any income derived from the inheritance, so if she inherits a bunch of mineral interests or something, the income would be community.

the point is, there may not be a need for a prenup if she just wants to keep her family property in her family. if you go talk to a lawyer, most will probably tell you to get one, and it will probably end up doing more than what you are looking to do here. they will also tell you that they are only representing either you or her, so that lawyer will work on benefiting one side over the other. the other person would need their own lawyer to get fair representation.
Posted by GaryMyMan
Shreveport
Member since May 2007
13499 posts
Posted on 12/29/16 at 8:40 am to
quote:

I plan on asking my GF to marry me...we have been dating for 5 years and I expect an easy yes after humiliating myself in a yet to be determined probably public setting.

What kind of an idiot proposes in public?

quote:

My SO unlike myself has very valuable assets that will be passed to her through inheritance. I do not want these assets.

I don't even know where to start here. Are her parents elderly? If not, you're not getting that beach house until you're 50 - don't worry about it. And if they're smart enough to get "4 houses rich" they're smart enough to keep your weirdo hands off their property. In the event your girlfriend says yes, follows through with that agreement to marry you, and then at some point divorces you.

quote:

She has not asked for a prenup

Most girlfriends don't. Fiances, maybe.

quote:

I would want to use this rare opportunity to add provisions and clauses

Who talks like this? Are you British?

quote:

If you were in my position or if you have already been in my position...what would you do

I'd relax and stop using such forced diction. Drink a beer.
This post was edited on 12/29/16 at 8:59 am
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 12/29/16 at 8:42 am to
quote:


1. LA is a community property state so you have to add special language to any prenup


Inheritance is separate property and will never be his unless a donation is made from wife to husband.
Posted by MBclass83
Member since Oct 2010
10383 posts
Posted on 12/29/16 at 8:42 am to
I'm not so sure her inheritance would be community property unless she took the money and bought something for you two or the home. Like a house, car things like that.
Posted by tigerstripedjacket
This side of the wall
Member since Sep 2011
3147 posts
Posted on 12/29/16 at 8:42 am to
quote:

am I missing something else that should be considered before potentially forfeiting all my bargaining powe


If you're already thinking like this then do both of you a favor:

Instead of a wedding throw a $10-15k party, go on a really fun trip with her and then break up. Consider giving her your house to smooth things over.

If you're already sandbagging for a divorce, you're already taking the first steps for it. Instead, maybe consider a covenant marriage- requires marital counseling to repair a marriage for a year before they can proceed with divorce
Posted by llfshoals
Member since Nov 2010
21030 posts
Posted on 12/29/16 at 8:44 am to
You're planning for the divorce before asking her to marry you.

Hint: Dump her now. You're already mentally halfway out the door.
Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 8:56 am to
quote:


Who talks like this? Are you British?


had to get the last bit of eggnog out of the house.
Posted by Putty
Member since Oct 2003
25916 posts
Posted on 12/29/16 at 9:03 am to
I appreciate your optimism regarding your ability to make it on your own. It's natural to have these feelings, and you are not yet able to see clearly because you are young and stupid.

You should convince her to elope and get married this weekend. Then show up at father in laws business on Wednesday asking "where is my office" and how many weeks of vacation do I get. Then let them worry about how to unfrick the situation. This = max leverage for you.

P.S. I am a lawyer,and this most certainly is legal advice.
Posted by SpqrTiger
Baton Rouge
Member since Aug 2004
9770 posts
Posted on 12/29/16 at 9:06 am to
My advice is that if you're already thinking about these contingencies, then just don't get married. That way your property is guaranteed to always be separate, with no establishment of community property at all.

If you do get married, what an earlier poster said is correct. Her inheritance will always be hers. But what you both make from the day of marriage, even interest or income from that inheritance, is community property. Assets "acquired solely from your funds" are joint assets. And rightly so, even if there are separate bank accounts and investments. A core element of marriage is the blending of resources. If you're against that concept, either don't get married, or get married with a prenup that spells all of that out.

My point is... a marriage with a prenup is pretty much the same thing as living together. Only, one of the two options doesn't involve awkward potentially-relationship-altering negotiations, and the possibility of an expensive divorce. If you go into a marriage, my take is to do it full bore, and to leverage the advantages of both families to the maximum, and to expect... and achieve success. Do not accept failure and make it the #1 priority in your life. If it's anything less than that, don't do it.

One last thing. Don't assume that your wife will inherit anything. If it's one thing I've learned in life it's that it's very possible for someone to screw you hard from beyond the grave. Good luck!

Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 9:06 am to
I certainly agree the original post probably could have been better written but the basic idea behind the post I think is valid.

She has things coming to her that I do not want.
I have things that I do not want to forfeit if the marriage were to fail.

How can we as adults come to an agreement to establish separate funds, assets, etc. that will benefit the mental health of both parties for the immediate and longterm future.

Several posters have already pointed me in the direction I was hoping after sorting through all my nonsensical babble. Thanks though.
Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 9:07 am to
great post thanks
Posted by LandonC
Member since Oct 2016
599 posts
Posted on 12/29/16 at 9:13 am to
You make more than your spouse?
Posted by Putty
Member since Oct 2003
25916 posts
Posted on 12/29/16 at 9:15 am to
quote:

wont do that. I am Louisiana based just like most of the posters and readers on this site. My word vomit on a computer is more than enough to wake up to and not something worth risking actually effecting my life.


Ah, I get it now. She and you both know people that read this site and this will get back to her - and more importantly her family. You have left just enough breadcrumbs for anyone involved to easily determine who is involved here. This thread is meant to indirectly convey your "I come in peace" message and assuage her parents legitimate fears that you are a leech. This also serves as your "record" of not wanting her family money and that you intend to make it on your own. That way, when you skewer them, you can wear the white hat. You are smarter than I thought.
Posted by LSUTANGERINE
Baton Rouge and Northshore LA
Member since Sep 2006
38468 posts
Posted on 12/29/16 at 9:15 am to
quote:

I wouldn't bring it up, but if things don't work out, just offer her to keep all of her stuff after the divorce. Talking about this to most women will offend them and it comes across very negative.

This sounds like good advice. But what if things don't work out before she gets an inheritance. (Even though she gets to keep all of the inheritance without a prenup in Louisiana, you would still be entitled to anything you all makes off the inheritance.) Then he would risk her taking him to the bank
This post was edited on 12/29/16 at 9:26 am
Posted by Chad504boy
4 posts
Member since Feb 2005
179857 posts
Posted on 12/29/16 at 9:18 am to
quote:

She has things coming to her that I do not want.


but things change when you catch her banging the crossfit class' star pupil.
Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 9:19 am to
she is cheating on me with me
Posted by Wooly
Member since Feb 2012
13851 posts
Posted on 12/29/16 at 9:20 am to
If the women does indeed have a very large family inheritance coming her way...

1. Her family has already talked to her about a prenup with whoever she is going to marry.
2. She won't be offended, unless she is stupid.
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