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Division of Assets Under a Prenuptial Agreement

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  • 07-06-2006, 09:59 AM
    learnmorelaw
    Division of Assets Under a Prenuptial Agreement
    We had pre-nuptial done before getting married. In the pre-nuptial, we listed the amount of money in each individual personal account, assests, boats, cars, & 401K, and claimed to self.

    What is my right to the assest, which I waived the right to disagree if she wants to sell it, but I have put in money to upgrade the house before and after the marriage?

    What is my and her right to the adding amount of money in each individual account and 401K after marriage?

    Besides, after getting married we bought two properties togeter. Both names are on the deed and morgage. Will each party claim 50% regardless who pays more or less on the future renovation?
  • 07-06-2006, 10:19 AM
    aaron
    Re: Division of Assets Under a Prenuptial Agreement
    At a bare minimum you need to identify your state. Even then it may not be possible to give you much help without seeing the actual prenup and knowing some of your present circumstances.
  • 07-07-2006, 02:39 AM
    learnmorelaw
    Re: Division of Assets Under a Prenuptial Agreement
    Married in CT, property purchased before marriage is CT, and the rest are in NH and NJ.
  • 07-07-2006, 02:48 AM
    aaron
    Re: Division of Assets Under a Prenuptial Agreement
    And the divorce would be filed in....
  • 07-10-2006, 03:53 AM
    learnmorelaw
    Re: Division of Assets Under a Prenuptial Agreement
    Is there an option?
    We were married, paid tax, work and live 5 of 7 days in CT.
  • 07-10-2006, 07:14 AM
    Mr. Knowitall
    Re: Division of Assets Under a Prenuptial Agreement
    So you are stating that you will be divorcing in Connecticut, then, and that it is your state of legal residence.
  • 07-11-2006, 01:29 AM
    learnmorelaw
    Re: Division of Assets Under a Prenuptial Agreement
    Yes.
    And the questioWe had pre-nuptial done before getting married. In the pre-nuptial, we listed the amount of money in each individual personal account, assests, boats, cars, & 401K, and claimed to self.

    What is my right to the assest, which I waived the right to disagree if she wants to sell it, but I have put in money to upgrade the house before and after the marriage?

    What is my and her right to the adding amount of money in each individual account and 401K after marriage?

    Besides, after getting married we bought two properties togeter. Both names are on the deed and morgage. Will each party claim 50% regardless who pays more or less on the future renovation?n is as the following:
  • 07-11-2006, 02:27 AM
    Mr. Knowitall
    Re: Division of Assets Under a Prenuptial Agreement
    Having the terms of your prenuptial agreement interpreted necessarily involves having its actual terms reviewed by the lawyer doing the interpretation.

    Prenuptial agreements in Connecticut are governed by statute, including,
    Quote:

    Quoting Connecticut General Statutes, Sec. 46b-36g. Enforcement of premarital agreement.
    (a) A premarital agreement or amendment shall not be enforceable if the party against whom enforcement is sought proves that:
    (1) Such party did not execute the agreement voluntarily; or

    (2) The agreement was unconscionable when it was executed or when enforcement is sought; or

    (3) Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; or

    (4) Such party was not afforded a reasonable opportunity to consult with independent counsel.
    (b) If a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility.

    (c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

  • 07-13-2006, 02:39 AM
    learnmorelaw
    Re: Division of Assets Under a Prenuptial Agreement
    Thank you, Dr. Knowitall.
    I had done the homeowrk and reviewed CT. Statute before posting the questions.
    It sounds like you suggested me to have a lawyer to answer questions. I will do so; however, can you direct me to the statute about division of "post-Marriage" assessts? That is my main concern.

    I am not planning on divorcing at this moment, but I want to know what my right is. I did not learn the lesson from the first two marraiges and still believe in good human nature; however, I do know I cannot afford to rebuild my retirement at the age of 55.

    Q1 - What is my right to the assest, which I waived the right to disagree if she wants to sell it, but I have put in money to upgrade the house after the marriage?

    Q2- What is my and her right to the adding ( after marriage) amount of money in each individual account and 401K after marriage?

    Q3 after getting married we bought two properties togeter. Both names are on the deed and morgage. Will each party claim 50% regardless who pays more or less on the future renovation?[/QUOTE]
  • 07-13-2006, 04:25 AM
    Mr. Knowitall
    Re: Division of Assets Under a Prenuptial Agreement
    You should consult a divorce lawyer and go over your situation and assets in detail with your lawyer, so you can get an accurate assessment of what is and is not marital property, and how a court is likely to divide it.
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