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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Pre-Marital Property And Assets

    My question involves estate planning in the state of: Massachusetts

    I am getting married (first time) in one month.
    The only assets I have are a substantial savings account, which is in my name only and fruit of 10+ years of hard work. I am planning to buy a house in a year or two, for my family (ie, my future wife and children). I understand that, in case of an eventual future divorce, my wife would claim half of that house.

    My question is this:

    If it so happens that we (my wife and I) decide, for a number of reasons, to wait, for example, 5 years before we buy a house and start having children, and, for example, we keep the separate individual bank accounts and share only our living expenses (almost as roommates), but, for example, we decide to divorce after the first year, what happens with my bank account and all the $ I had saved? Can she lay claim to half of it or will it be considered "pre-marital assets" and would not count towards the divorce proceedings.

    Also, if my mother passes away and leaves her only asset (her house) to me by means of a trust, what are the legal ways I can ensure that that house (or proceeds from its sale) can remain 100% under my control at all times (and not be claimed by my wife in a possible future divorce)? In other words, would the house be considered inherited property and, thus, not be considered "marital property"?

    I live in Massachusetts.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,646

    Default Re: Pre-Marital Property And Assets

    Two words: Prenuptial agreement.

    For even more protection: Living trust.

    Consult a lawyer before your married to have a prenuptial agreement drafted, and to see if you should also (or instead) transfer some of your assets into a living trust prior to marriage so as to clearly keep them out of the marital estate.

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