Much about property division has to do with homes. Sometimes a partner who has more money has a home, and the couple will live in that home when they get married. Perhaps a non-breadwinner partner will invest time and energy in decorating that home and beautifying it. They might say, “Well, God, this isn’t my house, but I’d love some kind of replacement as time goes on, say, every year or every five years, so I feel like we’re a real partnership. So if we ever split up, I would get half this house or half the value and value of this house. ”
“While you can always change a will – that’s why you see people in the last days of their lives suddenly dedicating their entire estate to a caregiver – you can’t change a prenuptial agreement.”
Another thing I’ve seen over and over again are valuable gifts. People buy gifts for each other during marriage. If it’s not something like a ring or jewelry – let’s say it’s a rough diamond or a work of art or a Bentley – and the partner who tells him that says, “Oh, honey, this is for you. It’s a birthday present. “And then they got divorced and all of a sudden that partner said, ‘No, no, no, no, this wasn’t a gift. Of course I’m not going to buy you a million-dollar Basquiat for your birthday. I bought this for us. This was a property I bought for the community. “We have seen more and more cases like this, where one partner gave a gift, and later claimed that it was bought for investment purposes and that it was not actually a gift. So what we’re going to put a lot into prenuptial agreements now is that if a gift is delivered, it has to be accompanied by a confirmation on one page that says, “Under the terms of our premarital union, I mark this as a gift.”
I am also beginning to see many of the terms or conditions of real estate regarding wills. While you can always change a will – that’s why you see people in the last days of their lives suddenly dedicating their entire estate to their caregiver – you can’t change a prenuptial agreement. If an older person marries a younger person, the older person may not want to agree that if they get divorced, they are willing to give the younger person half of everything they earned or created during the marriage. But they could be like, “If I die and we’re still married, even though I have grown children from a previous marriage, I’ll put that in our premarital community so you can continue to live in my house for the rest of your life. And when you die, it will go to my children. “Either a younger or healthier spouse would want to put it in a premarital union, knowing that their partner can always change their will.
0 Comments