Posted on: 14th Jun, 2011 08:53 pm
my husband and i just got married he had me sign a prenup saying that if my name is not on it then i dont own any of it. we just bought a house and my name did not go on it, he also had me sign a quick claim deed..do i have any rights to anything if he ever passed away or am i on the street. i love him dearly but i feel i am in a no trust marriage. he was married before with childern and her name was on everything.
Sounds to me like you're in a no-trust marriage as well. Apparently, he must have felt wronged by his former wife and therefore automatically distrusts you as a result.
If you're in a state in which community property law applies, then you'll have some rights (I have no expertise in that matter, however).
If you're really worried, I'd suggest you consult with a lawyer so you can get a feeling for what your rights are in a situation like this.
If you're in a state in which community property law applies, then you'll have some rights (I have no expertise in that matter, however).
If you're really worried, I'd suggest you consult with a lawyer so you can get a feeling for what your rights are in a situation like this.
Hi slims,
It is true that if your name is not mentioned on the property deed, then you won't have any legal rights over that property. But again, I agree with what George says. If you live in a community property state, then you may have some rights to the property. If your husband leaves back a will stating you as the beneficiary of his assets, then you will be able to claim the property.
Thanks
It is true that if your name is not mentioned on the property deed, then you won't have any legal rights over that property. But again, I agree with what George says. If you live in a community property state, then you may have some rights to the property. If your husband leaves back a will stating you as the beneficiary of his assets, then you will be able to claim the property.
Thanks
It does not necessarily matter if you are in a community property state.
It matters what the dower rights are in your state.
For example, New Jersey is not a community property state.
If you live in a marital home, you both own it whether on the deed or not.
I have no idea if that can be overcome by a prenuptual agreement which states if your name is not on it, you do not own it. That is a legal question and we are not lawyers. You could tell us what state, but, we are still not lawyers.
It matters what the dower rights are in your state.
For example, New Jersey is not a community property state.
If you live in a marital home, you both own it whether on the deed or not.
I have no idea if that can be overcome by a prenuptual agreement which states if your name is not on it, you do not own it. That is a legal question and we are not lawyers. You could tell us what state, but, we are still not lawyers.
Thanks for bringing in the additional information, John. Also, you covered me by mentioning that we're not lawyers nor legal experts. I neglected to point that out, though I usually try to do so.
At least I remembered to recommend a consultation with a lawyer.
And I would have had no clue whatsoever that properties in New Jersey would be titled that way. I guess when I was underwriting, I never had to deal with that because title companies always took control once the loan had been approved and on its way to closing.
At least I remembered to recommend a consultation with a lawyer.
And I would have had no clue whatsoever that properties in New Jersey would be titled that way. I guess when I was underwriting, I never had to deal with that because title companies always took control once the loan had been approved and on its way to closing.