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Reply to "Prenup question -- minimal assets?"
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[quote=Anonymous]Yes, you need a lawyer to do this. First, there are a bunch of legal formalities that need to be observed for a pre-nup to be legally binding. Second, there are a bunch of factors to consider in how his share of the house is treated if you divorce. If his $70k represents 10% of the current value of the home, does that mean if you divorce he gets 10% of the value then, representing the appreciation on his share? Or does he get just his $70k back plus an amount of appreciation equivalent to what he would have earned if he'd put it in an index fund. If the house has lost value at the time of divorce, does he still get his full $70k, or a lesser amount? Further, if you'd be giving up rights to something you'd otherwise be entitled in a divorce, what protections will the pre-nup include to make sure you'd not getting the short end of things later? [/quote]
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