Legal Question in Family Law in Virginia
Post Nuptual Agreement
My wife and I will be purchasing a home. I will use $25,000 given to me by my mom as a gift to me. My wife will use $25,000 from an inheritance. How can we state that in the event of a divorce, her money is hers, and my money is mine, from the sale of the house? It would seem a silly question, but my mom wants to know the $25,000 gift she is giving to me is protected.
1 Answer from Attorneys
Re: Post Nuptual Agreement
What you're asking about in effect is the feasibilty of you and your wife
now entering into a postnuptial agreement to guarantee sole ownership to each of you of assets which appear quite modest and which normally would not be considered a justification for
establishing such an agreement. Each of you by virtue of your marriage already has a protected marital interest and, consequently, a marital claim to roughly 50% of your collective marital assets (which will include any home which you and your wife may purchase during the marriage). And under the particular circumstances which you've described here in your question, there would appear to be no further need for any formal agreement such as a postnuptial agreement to now further protect each of your separate interests in your collective marital property.
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