Q: adding a soon to be husband to a deed on house purchased while single. How to retain 100% equity, will a prenup work ?

A: You can have an experienced matrimonial attorney draft a pre-nuptial agreement. But there is really no reason to put his name on the house. Good luck and be careful.

A: I do not know why you would want to add your future husband to the deed on the property. But, yes a prenuptial agreement properly drafted will protect your interests. You really need to retain an attorney to not only prepare the prenuptial agreement, but also one to advise you of the risks. Good luck.

A: Prenuptial Agreements to Protect Your Assets in Case of Divorce or Death

By Kenneth A. Vercammen, Esq.

Today, many persons may be planning into entering into second or third marriages. They question whether the marriage will work out and if it doesn’t will they lose ownership of their property if they get divorced. Most people want to leave substantial portions of their assets to their natural children. Yet, it is not uncommon for individuals to get married several times. If you wish to protect your assets from loss in divorce and permit your children to inherit your entire estate, consider entering into a prenuptial agreement prior to a marriage.

A prenuptial agreement requires full disclosure of assets by both man and women. Each must be represented by a licensed New Jersey attorney. These are minimum requirements in New Jersey. If this provided we cannot prepare the prenuptial agreement. Consult fee only is $200 without document review. Our office’s minimum fee to review or draft the agreement is $2,000.

Additionally, you should make advance plans regarding ownership and transfer your assets in the even of death or disability. In addition to having a formal Last Will and Testament individuals are encouraged to plan ahead prior to a second or third marriage. People who are about to marry can fix, limit and determine, by agreement, the interest, rights and claims that will accrue to each of them in their property. To this end, the prenuptial statute requires that each party be represented by separate independent counsel.

By signing a Prenuptial Agreement ("Agreement") each party is willing to accept the provisions of this agreement in lieu of any rights which she or he may have in the property and assets of the other. All property owned, whether real or personal, must be fully disclosed and revealed to each of the parties prior to the execution of the agreement. It must be signed in ample time prior to a forthcoming marriage.

Divorce, alimony or elective share against the Will can cost you more. A prenuptial agreement cannot prevent Medicaid from asserting a lien or payment if a spouse goes into a nursing home.

The following is the New Jersey "Uniform Premarital and Pre-Civil Union Agreement Act."

NJSA 37:2-31 . This article shall be known and may be cited as the "Uniform Premarital and Pre-Civil Union Agreement Act."

37:2-32 Definitions.
 
 37:2-32. As used in this article: 



a. "Premarital or pre-civil union agreement" means an agreement between prospective spouses or partners in a civil union couple made in contemplation of marriage or a civil union and to be effective upon marriage or upon the parties establishing a civil union; 

 b. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings;


37:2-33 Formalities; consideration.



A premarital or pre-civil union agreement shall be in writing, with a statement of assets annexed thereto, signed by both parties, and it is enforceable without consideration.

A: If your goal is to retain 100% equity, you must retain 100% ownership. Adding your soon-to-be husband to the Deed may very well defeat your goal. There are several complex property rights issues that can affect what you contemplate so I would strongly urge you to consult with an attorney experienced in those skills before you act. The same goes for the pre-nup, should that be the agreed upon approach.