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re: Premarriage Advice(asset protection)

Posted on 12/29/16 at 9:21 am to
Posted by Chad504boy
4 posts
Member since Feb 2005
179857 posts
Posted on 12/29/16 at 9:21 am to
quote:

1. Her family has already talked to her about a prenup with whoever she is going to marry.


yep. if not, she ain't in their plans.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45505 posts
Posted on 12/29/16 at 9:29 am to
Poor girl.
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 12/29/16 at 9:29 am to
While I feel that this is a subtle brag thread, I'm always amazed at the amount of people that legitimately seek legal advice on this board.
Posted by uptownsage
New Orleans
Member since Oct 2014
2156 posts
Posted on 12/29/16 at 9:31 am to
quote:

My SO unlike myself has very valuable assets that will be passed to her through inheritance.


Property inherited by one spouse does not become community property. If you were to get a divorce, these assets would be off limits to you. It would take a hell of a fight to get half of them.
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 12/29/16 at 10:11 am to
quote:

Property inherited by one spouse does not become community property. If you were to get a divorce, these assets would be off limits to you. It would take a hell of a fight to get half of them.


Actually it's very easy to unintentionally intermingle these assets into what would be considered community property
Posted by lsunurse
Member since Dec 2005
129146 posts
Posted on 12/29/16 at 10:12 am to
quote:

She is weird


quote:

hard to pinpoint in terms of projecting future income.


You are dating Yogagirl?
Posted by Cdawg
TigerFred's Living Room
Member since Sep 2003
62212 posts
Posted on 12/29/16 at 10:14 am to
quote:

I'm always amazed at the amount of people that legitimately seek legal advice on this board.

I know. He should have posted this on the money board.
Posted by baldona
Florida
Member since Feb 2016
24440 posts
Posted on 12/29/16 at 10:23 am to
I married someone who was in a similar boat, if there is that much to worry about then those assets are properly taken care of already OP.

Its not your job OP to take care of her assets. That would be lesson number 1. Let her and her family do that at this time. If they bring it up or if you want to casually tell her that if she wants to do things legally before marriage it wont bother you, do that. But I don't think it is in your best interest to recommend any legal action at this time.

Is she the sole heir?
Posted by Riseupfromtherubble
You'll Never Walk Alone
Member since Jun 2011
40259 posts
Posted on 12/29/16 at 10:34 am to
I'm not sure why anyone would get married in this social media age without a prenup. Everyone loves their SO, but half of them end up divorced anyway these days. shite changes. Better safe than sorry. Someone not agreeing or not open to a prenup should raise a bigger red flag than someone proposing one. There are articles online about the right way to approach that talk.
Posted by yellowfin
Coastal Bar
Member since May 2006
99034 posts
Posted on 12/29/16 at 10:40 am to
You do know divorce rates are down from their peak in the 80s & 90s?


Those baby boomers sure love their divorce
Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 10:42 am to
quote:

Is she the sole heir?
again while trying to refrain from specifics. She does possess an older sibling who was just recently married...but the family has open legitimate concerns over the partner and that person's long term intentions.

Parents have implied everything will be split 50/50 however grandchildren from either side could potentially complicate things.

I am not worried about that battle like you said it is not my fight. I was wondering initially in the OP and will still like to look into what I can do for myself in order to preserve my lifestyle in case of marriage failure. I dont think marriage/divorce should mostly consist of men consensually bending over and spreading their financial cheeks if everything fails or to preserve a marriage solely for the sake of cheaper to keep them.

I want the woman to have a dog in the fight for keeping the marriage going as well. As oppose to treating it like a potential stock that can be sold high.

This post was edited on 12/29/16 at 10:45 am
Posted by Riseupfromtherubble
You'll Never Walk Alone
Member since Jun 2011
40259 posts
Posted on 12/29/16 at 10:58 am to
quote:

You do know divorce rates are down from their peak in the 80s & 90s?


You're speaking in relative terms, they're still very high. Hell, 10% should be considered high. 1 in 10 marriages ending in divorce would be enough statistical data for me to want or agree to a prenup. It just seems silly not to. Those of you that are happily married, that's awesome but not every case is like yours. Like I said, no one is anticipating a divorce down the road when they pop the question, but we've got insurance on all of these other unpredictable scenarios. It seems pretty silly to me to not insure against another human being changing or massively fricking up
Posted by RunningBlake
Member since Aug 2011
4124 posts
Posted on 12/29/16 at 11:08 am to
Yeah and here comes Jan Feb and March, the months with the highest number of divorces.
Posted by llfshoals
Member since Nov 2010
21030 posts
Posted on 12/29/16 at 11:10 am to
quote:

Several posters have already pointed me in the direction I was hoping after sorting through all my nonsensical babble
Just because someone gave you directions on a path you're already on doesn't make it the right advice.

You see you've already decided stuff is more important than she is, and you've assumed she thinks the same. That's why if you do marry her you will divorce her. I just gave you advice that avoids a lot of the pain and saves time.

You asked the wrong question to the wrong people. The question you should have asked is how they had successful marriages to people who have been married to the same spouse for 30+ years.

Then tried to figure out how to do that, instead of how to quit.
Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 11:23 am to
I dont have a history of quitting many things. I also dont have a history of getting used and abused. I dont plan to start either. Sorry you cant grasp that.
Posted by The Torch
DFW The Dub
Member since Aug 2014
30397 posts
Posted on 12/29/16 at 11:39 am to
In 10 years you will hate her and regret this decision when she runs off with an x boyfriend and leaves you broke.

Don't sign shite
Posted by TigrrrDad
Member since Oct 2016
8190 posts
Posted on 12/29/16 at 11:42 am to
quote:

Post Marriage my wages should never be her wages, and my assets if acquired solely from my funds should never be our assets.(no joint bank accounts or investments)


Uhhhhh......no. That's not how marriage works.

After you're married, everything is community property. If you don't understand this, you're not ready for marriage.
This post was edited on 12/29/16 at 11:44 am
Posted by uptownsage
New Orleans
Member since Oct 2014
2156 posts
Posted on 12/29/16 at 11:42 am to
quote:

Actually it's very easy to unintentionally intermingle these assets into what would be considered community property





Yes, if you use community property or community money to maintain/improve whatever she inherits, then yes, it becomes community property.

Example. My wife has a rental property in Mississippi. The rent pays the mortgage, but improvements in the HVAC, Roof, Siding, etc., were paid for by community money. In that case, the rental property becomes community property.
Posted by llfshoals
Member since Nov 2010
21030 posts
Posted on 12/29/16 at 11:56 am to
quote:

Sorry you cant grasp that
Sorry you can't seem to know getting advice from people who have successful marriages is better than planning to fail before you start.

A successful marriage isn't a business plan.
Posted by partywiththelombardi
Member since May 2012
11799 posts
Posted on 12/29/16 at 12:06 pm to
Why would you view outlining and establishing financial boundaries before the marriage as an express lane to failure?

I can just as easily argue that while it removes a few of the emotional butterflies that tend to fade on their own anyway. It establishes a common ground for both adults and a level of respect that can be maintained for the relationship going forward.

I can also argue people that do not properly plan out their financials are more likely to get a divorce because that couple probably never mapped out their finances to begin with.

Just because we play different positions does not mean we are not a team and working together.
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