Legal Question in Wills and Trusts in North Carolina

Myself and my soon to be husband have a house of our own. He purchased a house when he was single and so did I. I was told that after we are married that everything is 50/50 including the houses we purchased before we get married. Is this true? We both have kids and want to leave our homes to them. Should we do a living will before we get married to leave the house we each purchased individually to our kids? or sign a prenuptial agreement?


Asked on 9/17/09, 6:22 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

That is not necessarily true - it depends on how the property is titled although spouses do have certain marital rights to property. Your can consult with an estate planning attorney in your area and have wills done as well as making sure the property is titled correctly. Or you could consult with a domestic attorney about a prenuptial agreement and make sure the property is titled correctly. A living will is not the same thing as a will. A living will has to do with whether you want to be kept alive in certain situations.

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Answered on 9/23/09, 8:14 am


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