Legal Question in Family Law in New York
Property - Divorce
Hi there,
I am getting married tomorrow.
I am planning to buy an apt in one of the 5 boroughs after getting married and I will be the sole owner of it (I will be paying the downpayment and mortgage). Here is my question:
Is there a way to prevent spliting this apt in case of a divorce,eventhough it was brought to the marriage afterward,given I will be the only person paying for it? Will a post-nup be suficient,no time left for a pre-nup? Should this be the case, what is the time frame for getting a post-nup? Thanks in advance.
Regards,
Roz
3 Answers from Attorneys
Re: Property - Divorce
The apartment will be bought during the marriage, so your husband-to-be will be able to argue that it should be considered marital property. Further, even if you succeed in keeping the purchase price as your separate property, he will have a stronger argument that he should share in the appreciation of the value of the apartment.
In short, a post-nup would resolve all of these concerns.
There is no required time-frame for a post-nup, but you may find that the longer you put if off, the harder it will be to get the post-nup done.
Re: Property - Divorce
A post-nup could if properly composed fulfill your needs. Feel free to contact my office for more assistance.
Re: Property - Divorce
A post nup could be effective provided it is drafted and executed correctly. For starters both you and your spouse should be represented by separate and independent counsel.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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