Q: We are doing our own divorce paperwork in OR.He prenupped the farm.I've lived/helped 13 yrs.Do I get anything from that?
We signed a prenup that he keeps the farm should we divorce. Now I have to move because it's his. We tried to split up other property fairly. He counted the money he had and I had before marriage as owed to him on his side since he had more. Wondering if I am missing $ in equity somehow or he just keeps it all because the property was prenup?
A: If the prenuptial agreement is a valid contract, then the divorce court will most likely approve it. There are many factors that must be considered in determining whether the prenuptial agreement is a valid contract. Factors include whether there was a full disclosure of all material facts concerning the amount, character and value of property and assets; and whether each party was given the opportunity to consult with an attorney concerning the provisions of the agreement before signing it. Even if the prenuptial agreement is valid, it may have been later modified by express agreement or by the conduct of the parties. Or, the prenuptial agreement may not specify how some property, such as appreciation in value of premarital assets, is to be divided upon divorce. You should contact an attorney to discuss your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
