Q: Can I buy a house and have my wife sign something that says she will claim no part of it ?

A: If it was purchased with "marital funds", in the event you get divorced, it would be subject to equitable distribution. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

A: Yes you can have an agreement for such, but 1) you will need a lawyer to draft it for you, and 2) it must be fair in its terms and the several other rules should be followed to give you the best chance to have the agreement to be enforceable. However remember nothing in life is 100% certain so understand this when going into the agreement, as the best time to have decided about how assets would have been split was before the marriage in a pre-nuptial agreement. You do have the presumption of post marital funds to overcome. Expect a lawyer to charge you for the advise and on what the agreement needs and then to draft the agreement. A good range of cost is between $3500 to $5000.00 in total on your end.

A: Thank you for your question.

Yes, it is possible to enter into a Post-nuptial Agreement while married. However many Courts are reluctant to enforce a post-nuptial agreement in the event of a divorce. There are certain standards that must be met in order to have a valid post-nuptial agreement: there must have been full disclosure by both parties, both parties must have been represented by separate legal counsel, the terms in the agreement must be fair and reasonable to both parties and there must be no evidence of duress or coercion. I suggest that you contact a family law attorney who can help you protect your rights.

I hope this information was helpful to you.