Legal Question in Family Law in Massachusetts

Limited Pre Nuptial Agreement

Before I married my husband (1990), he signed a limited pre-nuptial agreement, which an attorney had drawn up for me. My husband came into this marriage with me, he had nothing. His 1st wife took it all from him.

This would be 2nd marriage for both of us. I owned my house & property, had mortgage with 1st husband - who I had to buy out his interest, once my children turned 18. I had to refinance my house, where my new husband is now on mortgage note, as of 1996 & he is also listed on the land deed.

Should something happen to me or we divorce - do I still own all rights to my house & property? Can this house & property be transferred to my 2 sons in my estate if I pass on or something should happen to me? Is my limited pre-nuptial agreement valid anymore once my house was re-financed and my 2nd husband name put on mortgage note & deed? Also he has 3 children - would they be entitled to anything of my house & property if my husband should pass? I had 2 sons from my 1st marriage and my husband had 3 sons from his 1st marriage. We have no biological children together. Please clarify for me.

Thank you.


Asked on 11/19/08, 10:47 pm

3 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Limited Pre Nuptial Agreement

Take the prenuptial agreement and deeds to an attorney to review and advise you.

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Answered on 11/20/08, 1:37 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Limited Pre Nuptial Agreement

You should have the agreement reviewed to see if it meets the test at its inception. There is also a second test that is viewed by the court at the time wherein enforcement is sought.

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Answered on 11/20/08, 11:32 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Limited Pre Nuptial Agreement

This question is a little too complicated to be answered without reviewing the deeds to the property in question, and without reviewing the prenuptial agreement itself.

You should take these documents to a local attorney, who can review them with you and explain the obligations and rights of each party.

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Answered on 11/20/08, 11:26 am


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