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Asked 10/18/2011

I am recently engaged, How do I protect my assets? I have two rentals and a main house that we will live in.

Yes, the two rentals are income producing and both have mortgages that will be paid off within 10 years. I also have a pension and 457b plan. My fiance has 3 houses that you can't give away and a 401k that he is squandering on tuition, but thinks that we have comparable assets.

 
 
 
 
 
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Answer 1/4 - Submitted 10/18/2011

As long as you owned them prior to the marriage, they will not be marital assets should you divorce later on. Martial assets are those that you aquire during the marriage.

If you should sell one of the assets while you are married and use that money to buy something new, the something new will be a marital asset, regardless of the source of the money used to purchase it.

Take note of the value of the balance in your retirement accounts, any increase in the balance after you are married will also be a marital asset, but not the portion you aquired prior to marriage.

If you're overly concerned about your intended spouse's financial issues, you may want to rethink marrying him. If he continues to mount debt and not spend wisely, that most likely won't change once you are married.

 
 

Answer 2/4 - Submitted 10/18/2011

The easiest way to save you headache is to go to a attorney and sign a prenuptial. Love is a funny thing between a man and a woman. Getting a prenuptial agreement signed in a proper way will avoid any contests in the future and you can even include your earning you earn during your marriage. Spend a little to save guard millions.

 
 

Answer 3/4 - Submitted 10/18/2011

Pre-nuptial agreements are very common, but if your fiance wants to think of himself as equal, you have to steer around the hazard of the male ego.

First of all, any assets possessed by you or him prior to marriage, and any debts too (such as mortgages), always will remain your separate properties and obligations, unless you do something very definite to make these things jointly owned.

You really can just draft a simple memorandum stating this, if you want. But even without that, the law already has taken care of keeping things separate.

After you're married, however, your income from work usually is considered to be jointly owned as marital property.

You should maintain separate bank accounts for the income derived from your separate rental properties, and for the savings you each have prior to your marriage.

 
 

Answer 4/4 - Submitted 10/18/2011

Thankfully, it is now the law now that assets before marriage are not included in a divorce. However, finances may be called upon in cases involving a child's welfare.

If you are concerned, you should seriously consider a prenuptial agreement. You could phrase this that you are marrying him for love and not his assets, and so to prove this you would like a prenuptial agreement so that you both are protected and avoid any messy problems in the future, should things go wrong.

 
 
 
 
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