Legal Question in Wills and Trusts in Michigan
Louisiana-Michigan Laws
Being widowed for 3 yrs., rearing a 15 yr old child. She's in her mid 50s, having mortgage payments, bills, etc.
She meets a man from Michigan. They want to marry. He owns his home, property, etc., all paid for. He wants her to sign a pre nuptial agreement, should a separation or divorce occur in the future, his assets would be protected. He claims that in the state of Michigan, when he remarries, his home and assets automatically become community property. If there is no pre nuptial agreement, or will made between this couple, what becomes of her La. mortgage, bills, etc., should divorce or death come upon her, and what becomes of his, being from Michigan? They both have adult children over the age of 30 from previous marriage. In other words, what would happen to her, should he die first and vice versa, what would happen to him if she would die first? Who would be responsible for her debts, which were hers before the marriage? Should she entrust herself to a Michigan attorney, or take up those issues with a La. attorney? Trust issues are also important at this moment. Thank you for your time and effort, reading our questions. It is very much appreciated.
2 Answers from Attorneys
Re: Louisiana-Michigan Laws
You can agree to anything you want in a prenuptial agreement and it is generally enforceable as long as there are proper disclosures and each party has his or her own independent attorney (at least in Michigan; I don't know about other states). There is no such thing as community property in Michigan, but upon separation or divorce, a spouse may have a claim for any appreciation of assets (ex.: the value of the house increases) during the marriage. It sounds like you both need some good estate planning and advice from an attorney concerning a prenuptial agreement that would work for both of you.
You can contact me for more information at the number listed on my attorney profile.
Good luck.
Re: Louisiana-Michigan Laws
As a Louisiana lawyer, I concur with Ms. Guznack that a prenuptual agreement, like any contract, can include virtually any lawful provisions.
Louisiana is a community property state, however property owned prior to the marriage remains separate. One must be careful in any community property state not to co-mingle separate and community property as it will be left to the courts to decide the nature of ownership. This can include the use of community funds to improve a separate asset.
I suggest that the agreement be written in the state where the persons intend to live as spouses. I further reccomend that each prospective spouse get their own lawyer so that there are no conflicts of interest in the drafting of the agreement.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
