Reply to Prenup question -- minimal assets?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]A prenup is definitely not necessary in this circumstance.   It's funny -- people talk about prenups as if there are no divorce laws and everything is this state of nature jungle in dividing up assets in case there is a divorce.   That's simply not the case.   Every state has spent considerable legal resources on well thought out legal decisions which fairly divide assets.   In your case -- in most states -- your boyfriend would be entitled to the money he already has in the house.    It's really very simple.    You would split any appreciation, but that doesn't even seem to be the issue here.   I would just direct him to some of the many available free resources out there which explain this and save yourself valuable time and money on attorneys.   This isn't worth it.  [/quote]

It's actually not that simple at all, especially once they sell this house and use the proceeds to buy the next one.[/quote]

The principles are actually fairly straightforward and equitable.

Here is a good primer on how the law would handle it:

https://www.livesaymyers.com/down-payment-marital-home-virginia-divorce/[/quote]

That doesn't address the scenario where they sell this house and buy another with the proceeds. At that point it's no longer coming from a separate asset because the house is a marital asset, and the originally separate portion can lose its separate asset protections if not handled properly. Further, as that note discusses, there are a variety of ways to value the separate asset portion in the event of divorce. A pre-nup can designate a valuation methodology to avoid fighting about it later.[/quote]

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