Hixson, TN asked in Divorce and Family Law for Tennessee

Q: I have a savings account with unmingled assets from an inheritance. Can my wife and I make a postnuptial on amount?

I inherited my mother's estate upon her death and I put the money from the sale of one of her houses into a savings account with only my name on it. The money has never been co-mingled. My wife and I have agreed on a postnuptial for this sum should we ever divorce. Is this possible in TN and how can I have one officiated?

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2 Lawyer Answers
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq.
Answered
  • Cleveland, TN
  • Licensed in Tennessee

A: You should be able to enter into a prenuptial agreement or a similar agreement if you are already married. I would contact an Estate attorney to draw up the agreement for you.

Paul E. Tennison
Paul E. Tennison
PREMIUM
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: Yes, postnuptial agreements are valid under TN law. As many with other legal documents of significance it is wise to notarize them and have witnesses sign that they witnessed the signing of the document.

I recommend you consult with an attorney. Most attorneys that practice family law are familiar with postnuptial and prenuptial agreements and likely have previous agreements in their records that they could modify to use for your case. Good luck.

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