How a prenup agreement might protect your future assets

A prenuptial agreement is common for many couples today. If you’re considering one, you’re probably wondering: Does a prenup protect future assets as well as current holdings, including any real estate properties that you own or are considering buying?

In addition to any assets that you own, the prenup agreement does have the ability to protect future assets as well. But it’s important to be aware that you’ll need to include certain legal clauses and terms in the document to ensure that your prenup for a house safeguards any property that you might own in the future.

How can a prenup protect your future assets?

The more specific that you are in the prenup, the better off you will be if you have to use it. A prenup protects future assets by clearly defining how any assets acquired during a marriage will be divided in the event of divorce or separation. Prenups allow couples to distinguish between assets that each party brings into the marriage (separate property) and assets acquired during the marriage (joint or marital property). Doing so helps prevent disputes about who owns what.

Typical clauses contained in a prenup include, but are not limited to:

• Division of property and how any assets acquired during the marriage will be divided
• Terms of estate and inheritance planning
• Business interests and ownership amongst the parties
• Ways any retirement accounts or benefits will be divvied up
• Who is responsible for any debts (credit card, student loan, etc.) incurred
• Terms addressing how income and expenses will be managed
• What will be done with savings and investments
• Details on child-rearing responsibilities
• Ownership of pets

These items are important to spell out in a prenup, as state laws may otherwise come into play. By way of illustration: If you live in a community property state, anything acquired during the marriage is considered community property and therefore belongs to both spouses. Prenups allow couples to override community property or equitable distribution laws.

 A prenup may be a good idea if you own a business, want to secure financial assets for family members, or stand to gain significant wealth in the future, whether through an inheritance, investment, or potential career advancement. If you intend to put a prenup in place, it’s recommended that at least six months prior to getting married that, you and your future spouse hire separate attorneys to draft the agreement.

What should you avoid in a prenup to protect your future assets?

You should avoid vague language or wording that does not clearly define the goals of the two parties involved in the prenup.

As a couple goes on, they may want to more clearly define how future assets are to be handled in the case of a divorce or death. In these circumstances you may need to have a lawyer to create a postnup and define what happens to this new asset if the marriage ends.

A prenuptial agreement is an important legal document that should not be considered or entered lightly. If you’re considering one, it’s best to consult with a family law attorney.

FAQ

Let’s review several commonly asked questions and answers relating to how prenups affect your assets in the future.

Can a prenup protect my house?

Yes, a prenup can protect your house. Taking time to describe future assets such as any real estate property that you might acquire during the marriage in your prenup agreement can protect home purchases down the line.

How can an existing prenup agreement impact a mortgage?

Spouses who have created a prenup prior to purchasing a home together can simply add the new property to the existing prenup. They may elect to designate the home as a shared property, which refers to property that the two parties have either purchased together or have agreed to consider as belonging to both parties.

Alternately, as a couple, you may decide to separate various aspects of the home purchase. If you choose to go this route, it’s important to establish points like who will pay the mortgage and whose name will be on the title and loan.

How is property divided in the event of divorce?

Should a divorce occur, assets and properties are divided according to the terms outlined in the prenuptial agreement. In most cases, a prenup overrides state laws about property distribution.

Note that after a divorce, one partner can choose to remove their name from the mortgage in certain situations. Your first step involves talking to your lender about your options. You may be able to refinance after divorce, and then file a quitclaim deed to transfer the home to one partner.

Can infidelity affect how your assets are divided after divorce?

In short, yes, if state law provides for it. Infidelity clauses effectively explain how assets will be divided if a spouse is not faithful.

 How does a prenup affect a post-divorce mortgage?

Divorced couples who had a prenup agreement in place will have to show their new lenders the financial provisions of the prenup in order to buy a new house. Lenders will ask for this prenup house information because they need to know any fiscal responsibilities that you have under the document and that you’ll be able to make your payments on time.

For example, let’s say the prenuptial agreement contained information about how much alimony one spouse could receive. Alimony from an ex-spouse will be part of your income calculation because it’s considered part of your income stream. Lenders want to see information about child support payments and evidence of on-time payments.

The bottom line: Consider your future assets when creating a prenup

Many couples choose to have a lawyer draft a prenuptial agreement prior to getting married to protect both individuals in the event of divorce. Prenups provide guidelines to legal and financial advisors as to how property and assets should be divided should the marriage end in divorce.

As you think about putting a prenup together, and how it may impact current and future real estate purchases, you may wish to connect with a Rocket Mortgage^® Home Loan Expert.