Legal Question in Family Law in Texas

Prenuptual Agreement

I am getting married for the second time to a man whose credit was ruined from a previous marriage. I will be purchasing a home under my name only using ony my credit. I was planning on waiting to marry until after the home was purchased, so that it would remain mine if we ever divorced. I would like to marry sooner. My fiancee will sign any agreement. He understands. Can I do a formal agreement myself and have if notorized, or will we have to do a prenup? How much will it cost if we have to do a prenup?


Asked on 7/13/01, 10:09 am

2 Answers from Attorneys

Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: Prenuptual Agreement

You can always do your own agreement, but, as the old saying goes, "you get what you pay for". A prenup can be a very reasonable way to handle your situation. Call me at 713-465-1456 for more information and cost estimate.

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Answered on 7/13/01, 12:57 pm
Fran Brochstein Attorney & Mediator

Re: Prenuptual Agreement

Please be aware that being married will complicate purchasing and selling the property. The mortgage company and the title company will probably require him to sign papers stating that he will never claim to have an interest in the property.

When you sell the house, most title companies will require him to agree to sell whatever rights he might have in the property.

I encourage you to tell the truth to your mortgage company when applying for a mortgage. A lot of folks say they are single when they are married and they have had a problem arise and regret they ever lied on the application form.

Best of luck to you!

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Answered on 7/14/01, 1:22 am


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