Legal Question in Real Estate Law in Pennsylvania

Protecting my assets

I have been the sole owner of my house for 6yrs and am currently engaged to be married. We are moving into my house to try and save money. Once the wedding date is set, we will be drafting the prenup to ensure my assets will remain separate should the union dissolve. Does living together now compromise my ability to keep my assets separate after we decide to wed?

We are effectively splitting everything but I am charging him monthly lump sums called �rent� and I will be paying all the bills, etc... myself, from my separate account.

Everything is in my name. Also, any work that he does on the house I would deduct from rent as ''payment for services''. Are my basis covered? Should I open another separate checking account for bill paying?

Thanks for your insight and advice.


Asked on 10/04/05, 3:09 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Protecting my assets

The general rule is that property brought into a marriage by a party is not a marital asset. Howvever, without a pre-nup, any increase in value during the marriage is a marital asset. For example A owns a $100,000 home free and clear and marries B. During the marriage the property goes up to $150,000. The $50,000 increase is a marital asset. Pre-nups are disfavored by courts and therefore should not be attempted as a do it yourself proposition. Additionally, the biggest mistake is waiting until the last minute as courts can invalidate an agreement presented to close to the wedding.

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Answered on 10/04/05, 3:33 pm


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