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Old 02-01-2005, 01:31 PM   #1
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Serious question: If I buy a house, then get married, does it become "our"

house? What happens in a divorce?
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Old 02-01-2005, 01:32 PM   #2
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Old 02-01-2005, 01:32 PM   #3
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Quote:
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house? What happens in a divorce?
You'll most likely lose it or have to pay a nice settlement to keep it.
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Old 02-01-2005, 01:33 PM   #4
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It depends on how long it last's. You might have to sell it and split the $$.


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Old 02-01-2005, 01:33 PM   #5
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Always make your fiance sign a prenup. If she doesnt want to sign then its a good sign she's just another woman that wants a provider.
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Old 02-01-2005, 01:33 PM   #6
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pre nup for sure
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Old 02-01-2005, 01:33 PM   #7
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It also depends on where you like. Florida is NOT a community property state.
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Old 02-01-2005, 01:34 PM   #8
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My uncle is getting divorced right now. He had his house prior to getting married.

According to him, she has no claim on the house.

I'd only take that as the truth coming from a lawyer...which he is not. BUT...he has been though this once before and is in the process again, so he might be correct.
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Old 02-01-2005, 01:36 PM   #9
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Old 02-01-2005, 01:36 PM   #10
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What a bunch of bullshit answers. Talk to a lawyer and put it in a land trust.
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Old 02-01-2005, 01:37 PM   #11
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No, it becomes "her"
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Old 02-01-2005, 01:40 PM   #12
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Quote:
Originally Posted by candyflip
My uncle is getting divorced right now. He had his house prior to getting married.

According to him, she has no claim on the house.

I'd only take that as the truth coming from a lawyer...which he is not. BUT...he has been though this once before and is in the process again, so he might be correct.

some states have community property laws, some dont
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Old 02-01-2005, 01:44 PM   #13
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Get your intended spouse to sign a prenuptial agreement -- this is a very common and accepted practice amongst adults.
It is not looked upon badly unless the other party has shit and has ulterior motives.
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Old 02-01-2005, 01:45 PM   #14
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Use a trust, always... Protect your assets at all costs.
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Old 02-01-2005, 01:49 PM   #15
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Quote:
Originally Posted by Paco, of Large Cash.
Get your intended spouse to sign a prenuptial agreement.
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Old 02-01-2005, 01:49 PM   #16
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Quote:
Originally Posted by detoxed
some states have community property laws, some dont
Which is why I said I wouldn't take the advice as legit unless coming from a lawyer.
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Old 02-01-2005, 01:50 PM   #17
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exactly what i was thinking
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Old 02-01-2005, 01:51 PM   #18
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prenuptial agreement is the magic word Jedi

get a good lawyer and put pen to paper... have him setup a waterproof prenup and you'll be fine
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Old 02-01-2005, 01:53 PM   #19
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Dude it was never yours to begin with. Just take out the trash and do the lawn
and maybe just maybe she will let you grow old there.
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Old 02-01-2005, 01:56 PM   #20
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Old 02-01-2005, 02:02 PM   #21
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Quote:
Originally Posted by DarkJedi
DarkJedi, if you are asking me for help, all I can offer is please see your/a lawyer and converse with him/her - take advantage of the initial and free consultation. I have, and had over the decades, friends that have lost everything (not just the Eddie Murphy 'half') simply because they were convinced a prenup was not romantic.

If you are telling me, I need help ... that is my personal opinion based on what I have seen others go through throughout my life - I genuinely suffer when friends do and what I have seen has enforced a 20-year old belief.

Not trying to be rude, or destroy tradition ... gold diggers did that all on their own.

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Old 02-01-2005, 02:11 PM   #22
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Quote:
Originally Posted by candyflip
My uncle is getting divorced right now. He had his house prior to getting married.

According to him, she has no claim on the house.

I'd only take that as the truth coming from a lawyer...which he is not. BUT...he has been though this once before and is in the process again, so he might be correct.
I think this is correct, but I believe there may be exceptions in certain states.

Whats the statistic now? Something like 50% of marriages in the US end in divorce. Would you drive a car without insurance if you knew that there was a 50% chance that you'd get in an accident that would get you sued and you'd lose half of your assets? Fuck no!
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Old 02-01-2005, 02:12 PM   #23
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how about this for an answer: IF YOU NEED TO QUESTION: don't let the bitch move in....

Having gone thru this, I'll tell you one thing----no matter what you do, there are ways around it, or at least ways to make it difficult for you....

The only ones who win are the laywers....


Why not incorporate the house and have her buy in?
--she'll make payments...even if she doesn't make payments, it's now contract law. you can show she owns olny 10% of the house due to the payments she made
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Old 02-01-2005, 02:15 PM   #24
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Truth be told every divorce is different and what matters the most is if you have children and how long your together.

You have no kids and your married just a few years than you probably owe her non of it.

You have kids and your married 10 years than you will owe her a large portion of it.
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Old 02-01-2005, 02:17 PM   #25
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pre nup for sure
What he said..
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Old 02-01-2005, 02:17 PM   #26
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was thinking about same thing few days ago
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Old 02-01-2005, 02:25 PM   #27
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Apparently, married or not, after 2 years of living together, you become comman-law and she is entitled to half.. Shitty deal huh.
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Old 02-01-2005, 02:33 PM   #28
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wow, marriage is harder than I thought :/
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Old 02-01-2005, 02:40 PM   #29
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i think its depends on what state you are in...
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Old 02-01-2005, 02:41 PM   #30
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It all depends on what state you in...
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Old 02-01-2005, 02:41 PM   #31
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Old 02-01-2005, 02:44 PM   #32
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you know as soon as you let a bitch into your life they'll weasle their way in as much as they can, take your shit, try to control you, and fuck your life up in general... stay free.
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Old 02-01-2005, 02:51 PM   #33
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Originally Posted by rollinOn20s
Apparently, married or not, after 2 years of living together, you become comman-law and she is entitled to half.. Shitty deal huh.
common law is only in:

Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, as well as the District of Columbia.

(thank god! lol)
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Old 02-01-2005, 02:58 PM   #34
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If you live in california its a community state and everything is chopped half way, some other states are like that as well
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Old 02-01-2005, 03:05 PM   #35
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Nothing like getting legal advice from a bunch of 15 year old kids.

Here's the way it works. Lets say you own a $300,000 house and get married. 5 years later you get divorced. All she is entitled to is what was acquired during the marriage. So if the house went up in value after 5 years to $350,000 she is entitled to half of the $50,000 and anything else acquired during the marriage.
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Old 02-01-2005, 03:17 PM   #36
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As the song goes.. The woman [winner] takes it aaaaall...
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Old 02-01-2005, 03:18 PM   #37
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Nothing says I will love you forever like a PRENUP!!!
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Old 02-01-2005, 03:21 PM   #38
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what does a gay horse eat? HAYYYYYYYY ;)

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Old 02-01-2005, 03:26 PM   #39
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Always get the advice of an attorney. You don't have to have a full-blown prenup to protect you, but you could do some sort of contract that protects the home.

" * Mississippi is the lone state that bases property division in divorce on who holds legal title. If the property is jointly held, it gets equitably divided.
* Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states. In general, this means that property either spouse owned before marriage and the income it has produced are separate property. So are separate gifts, inheritance, property accumulated after separation. Property accumulated during marriage is to be split equally.
* All other states (including the District of Columbia) use some form of equitable distribution, meaning the property division should be fair, and it should be equitable, but it's not necessarily equal. "

There is a problem in community property states where co-mingling of funs can make situations like yours a bit stickier. Say the home is in your name and so is the loan, you get married and pay the mortgage out of a joint bank account that both of you put money into.... can be an arguing point.
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Old 02-01-2005, 03:28 PM   #40
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Nothing says I will love you forever like a PRENUP!!!
No shit.
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Old 02-01-2005, 03:28 PM   #41
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Quote:
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house? What happens in a divorce?
ya dont get married unless she signs a prenumpual agreement or whatevr
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Old 02-01-2005, 03:31 PM   #42
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Some people get into relationships for a "it's good now" reasoning, and don't really care about being loyal or trying to work through things; they're happy if they are provided a shelter and food (this goes both ways) but if there's turmoil they might just not care and leave, and want half, because they could get half.

A pre-nup really depends on the people and their relationship. I only see myself getting married to a certain kind of person, though if a different kind of person comes into the picture, I may really not know what their motives are, might not be a good idea to get married with them, but if it is on the table, then I'd definitely want a prenup.. it'd be wonderful not to need one of course..

Matt
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Old 02-01-2005, 03:36 PM   #43
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thats why smart men NEVER get married

or just with a prenop , what is mine stays mine , what is hers stays hers

if I pay for the house, it is my god damn house, if we each paid half , cool we each get half


simple

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Old 02-01-2005, 03:38 PM   #44
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yes it does. that is why you do not get married. never let then enemy into the place you live.
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Old 02-01-2005, 04:22 PM   #45
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yes it does. that is why you do not get married. never let then enemy into the place you live.
hahahhahaha
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Old 02-01-2005, 04:40 PM   #46
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I don't believe in marriage. Instead, every 5 years I find a woman that I can't stand, and I buy her a house.
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Old 02-01-2005, 05:08 PM   #47
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May not be relevant to most of you but in the UK even if your not married and own the home - if your woman has kids and its the family home then she can be given the house until on of the following happens (under the Childrens Act)

She cohabits with another partner for 6 months or more
She gets married
The kids reach 18 years old.

You could still be liable for the mortgage in some cases also.

- if you are married you are basically fucked.... prenupts are not legally binding contracts and the court WILL have the ultimate power of who gets what..... it makes no odds why you split - she could of gangbanged the local football team... it doesn't matter. And if you have kids then of course she will get your house, your pension, the car - and you will pay child support.

.
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Old 02-01-2005, 05:10 PM   #48
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hurry and do a 50/50 :D get a dollar bill and split into a half.

it's fair and peaceful.
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Old 02-01-2005, 05:15 PM   #49
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hmm I married my wife and she was/is making 500k per year. No prenup, do I get half?
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Old 02-01-2005, 05:25 PM   #50
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Actually made me think of this case of a UK footballer who had to pay his ex-wife a large percentage of his future earnings

http://news.bbc.co.uk/1/hi/england/3873517.stm
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