Purchase Agreement with Fiancé

It's real simple - in New York State, there is something called a 'no-fault' divorce clause which you have to abide by. Basically, anything that you two purchase together as a married couple is split 50/50.

If you owned it prior to marriage, it's yours.

But if you owned it prior to marriage, and then you wife helped pay the mortgage and maintenance costs after you became married - you have a BIG PROBLEMO.

This should be handled as part of, or exactly as a pre-nup, if that's the case. You EACH need an excellent lawyer so that both parties' pov are independently protected, and later there can be no conflict of interest because you used one lawyer to resolve this.

I think you are totally smart to get this kind of document. Get a divorce lawyer to write it up like a prenup.

But I do agree with #2 - you should each have seperate attorneys who negotiate on each person's behalf, and not one running interference between both of you. It's safer in the long run.

I have a great bank attorney who can write this up for you. I am with WCS Lending and you can call me. Toll Free: 866-927-5363 ext 416
Wendy Salpeter
Senior Mortgage Banker

Uhhh, Wendy, this is NOT a job for a real estate/bank attorney. This is a job for an attorney who SPECIALIZES in pre-nup and marriage/divorce contractual law.

What, are you on crack?

It's called a pre-nup. If you're thinking what happens if/when you break up WHY ARE YOU GETTING MARRIED??

I also had a problem with the idea of a pre-nup but I heard recently that it's best to work out the worst case scenario while you're still friends & lovers than when you hate each other. Makes sense to me!

It's real simple - in New York State, there is something called a 'no-fault' divorce clause which you have to abide by. Basically, anything that you two purchase together as a married couple is split 50/50.
No it's not. New York is a marital property state, not a community property state. We have no "no-fault" divorce here.

If you owned it prior to marriage, it's yours. True, as long as you don't transfer title or hold it as Jt. Tenants.

But if you owned it prior to marriage, and then you wife helped pay the mortgage and maintenance costs after you became married - you have a BIG PROBLEMO. True.

This should be handled as part of, or exactly as a pre-nup, if that's the case. You EACH need an excellent lawyer so that both parties' pov are independently protected, and later there can be no conflict of interest because you used one lawyer to resolve t You both MUST have separate counsel.

#9 - I apologize - my bad. I didn't mean "no-fault." I meant EXACTLY what you said.... 'no "no-fault."' Thanks for getting that right!

#7 - I don't see anything wrong here. Just because you're married (or getting married), doesn't mean completely giving up evrything you have worked for previously. I don't think there's anything wrong with saying "Let's make sure that what's yours is yours, what's mine is mine, and what's ours is ours." That's being responsible, thoughtful, and protecting both parties' best interests for the future so that each party feels comfortable.

#11 there is something terribly wrong if you are thinking how much money I will have to give up IF we divorce. You need to make very sure you love this person and not just a little love.

#12 is living in a dream world where married couples don't get divorced and wind up mortal enemies after yrs of bliss. Anyone with half a brain and some assets should definitely file a legal agreement in the courts...it's the 21st century...get with it people...haven't we all been keeping current with related events in the news?

#12 is definitely a money hungry shark of a female!

#11 - There's something terribly wrong if you're NOT thinking about those issues. The number one reason couples argue and divorce over is money. NUMBER ONE! That's EXACTLY why you need to have a very frank and honest conversation about money, what you earn, how you handle it, what you owe, how you save, how you spend, and what concerns or issues you have regarding it during the engagement period. This definitely includes protecting assets as well. "Love" has nothing to do with anything regarding this issue. You obviously do come from a highly monied background, or this would be painfully obvious to you.

Its not a prenup because they are not getting married right now. I think people go into things blindfolded. I would have been much better off if I had an agreement like this before I got married (we purchased an apt together before the wedding). It is just smart to protect your interest.

It's about an agreement between two responsible,sophisticated, intelligent adults who realize the potential pitfalls of life...remember relationships are like roller coasters with ups and downs...sometimes the car gets stuck and sometimes the car derails entirely! If they really love each other they will respect each enough to actually look out for one another by setting up a fair agreement.

Lawyers, protecting yourself...that's real romantic..no wonder your relationships fail

#17 here...I wish I were a lawyer $$$...unfortunately it's not my cup of tea.

No, 18, relationships fail more than any other reason because of disagreements over money. Not because of romance. That's why if you want to have as good a shot as possible for your marriage, you deal with these issues early on. And then it's dealt with once and for all.

Nothing takes the love and romance out of a relationship quicker than arguing about stupid shit like money.

What happened 20-30 years ago or more. People didn't have pre-nups yet their marriages lasted. People have pre-nups today and they divorce BECAUSE they calculate how much it costs to get out of the marriage. I'd rather have love and romance than a piece of paper under my pillow.

No #22, they don't calulate how much it costs to get out of a marriage, they calculate how much it costs to get IN to a marriage.

I'm so happy for you thet you'd rather have the flower sniffin' kitty pettin' rainbow glitter snowflakes on my tounge sunshiny unicorn cotton candy type of marriage, but I have a question for you...

Are you actually married? Have you ever been married?

This couple is not married now & who knows if they ever will marry. Today, FIANCE means that "We talked about marriage once." Are they planning nuptials? Set a date? Anyway, one is foolish to not work out the details of a business relationship at the outset not after there are disagreements.

all you people should get a life

I have a life, luv; unfortunately it includes putting up with people like you.