Looking for recommendations for a lawyer that does pre-nups

Re: Looking for recommendations for a lawyer that does pre-nups

• SewInLoveWithDMB member

  

  April 2014

  I don't disagree with the need for a pre-nups, but in NJ, I don't believe that what you are stating would be considered to be "equitable distribution" in the case of a divorce:

  
  

  What property is not subject to equitable distribution?

  There are several categories of property not subject to distribution. The major type of asset(s) that is not subject to equitable distribution is property that was acquired before the marriage. Moreover, any property that was acquired by way of an inheritance is not subject to equitable distribution. In summary, any property that was acquired before the marriage, and any property that was acquired by an inheritance is not part of the marital estate.

  Unless there is a pre-nuptial agreement, if property is acquired prior to a marriage, it must be kept separately, and it must not be commingled with other marital assets. It is very important to keep premarital assets separate from the marital property. If real property was purchased or inherited prior to marriage - while it may start out immune to claims of equitable distribution - should the property be maintained, improved or prepared with money earned or otherwise received during the marriage, that property might slowly find its way onto the bargaining table.

  
  

  From: http://www.divorcesource.com/ds/newjersey/new-jersey-equitable-distribution-faqs-4083.shtml

  If the house is in your name, and only your name, and you do not make improvements on it with joint money from the marriage, it will remain in your name.  

  Obviously, it is best to talk to an actual attorney about this, but if this is your sole reasoning, it might not be necessary.

  
  
  293 (Adults) Invited
  198 Yes (+ 12 children and 3 babies)
  95 No
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• Gordo2014 member

  

  April 2014

  While that is true, assuming your fiance moves into the house you own, that propert is no longer kept separate and automatically becomes marital. 

  Unfortunately, I'm in western NJ and can't offer recommenations but as long as your FI agrees, definitely get this taken care of.  Should be only a couple hundred dollars.  There may be even less costly options through Legal Zoom, etc.

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• luna317777 member

  

  April 2014

  Thank you for the feedback. I've found someone to draw up the agreement but he needs a separate lawyer to review with and everyone has been qouting him high fees just to talk. If anyone has references for Bergen or Hudson county for a lawyer it would be appreciated!

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