Will a prenup protect me in my marriage? 12 Answers as of May 03, 2011

Will a prenup protect me from my upcoming spouse's judgments, tax obligations or debt he had prior to the marriage?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes a prenup will help, but the best arrangement is to have your separate bank account, credit cards, real estate, cars, and other accounts just in your name only.
Answer Applies to: California
Replied: 5/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
A prenup will determine issues affecting you and your prospective spouse - it has no direct affect on 3rd parties. You will not be liable for any debts or obligations he creates before marriage. Generally, as long as you do not jointly sign on any debts or contracts after marriage, you won't be liable to third parties for those either.
Answer Applies to: Colorado
Replied: 5/3/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You will not become liable for his debt unless you sign on as being responsible.
Answer Applies to: Connecticut
Replied: 5/2/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
You do not need a prenuptial agreement to protect you from third parties who have claims from before you were married. You do not assume her debt just because you are getting married. Good luck.
Answer Applies to: New York
Replied: 5/2/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
A prenuptial agreement is only effective between the parties to the marriage. It does not change the rights of third parties that may be created by law or contract.
Answer Applies to: Minnesota
Replied: 4/30/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    It may protect you to some extent, depending upon its provisions.

    However, you need to be aware of additional things that you should do to insulate you from your fiance's liabilities.

    Protect your earnings and income by deposting them into a separate bank account under your sole name to which your husband has no right of access, and don't commingle community funds or your husband's income (which would be community property absent a Prenuptial Agreement making his income his separate property) in that account.

    Community property of you and your husband would be vulnerable to your husband's premarital liabilities, so you may want the Prenuptial Agreement to opt out of the community property system and convert acquisitions during the marriage into your sole and separate property.

    Do not commingle separate property and community property.

    Discuss, with yourPremarital Agreement lawyer,your desire for protection from your husband's premarital judgments, tax obligations, and debt, so that the lawyer can draft the Premarital Agreement with that protection in mind.
    Answer Applies to: California
    Replied: 4/30/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It depends on what the prenup says, what community assets there will be,and what the judgments are for. There is a little known statutuory device called the marital bankruptcy rule. You need to seean experienced family law attorney.
    Answer Applies to: Washington
    Replied: 5/1/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Yes. You should definitely have a prenuptial agreement in place to protect yourself from your spouse's current and future liabilities.
    Answer Applies to: Massachusetts
    Replied: 5/2/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    Yes so long as you do not comingle your bank accounts or finances, you will be protected. The debts are all his separate property debts, however if you have community property income, debtors may seek judgments against the community. If you have a prenup which states that your earnings will not be community property, you will be protected.
    Answer Applies to: California
    Replied: 5/2/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    The answer is not simple. In most situations, judgments against him for things he did before marriage do not affect you. But they can affect you in some cases, and they can become liens (legal claims) against assets that you and he own. You want to get a clear idea of the situation before marriage. Give me a call, make an appointment to come see me, and let's get moving on this for you.
    Answer Applies to: New Jersey
    Replied: 5/2/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You should talk with a Florida Asset protection lawyer, you may use a Prenuptial agreement to keep assets separate but if you co-mingle assets then they could be at risk.
    Answer Applies to: Florida
    Replied: 5/1/2011
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