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Nov 29
1999
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Ask a Lawyer: Premarital PropertyPosted by: Dads Divorce on Nov 29, 1999   |
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Question:
I am thinking about getting married for a 2nd time to a woman that has been divorced twice. I have bought a house and am making mortgage payments on the house(It has not been a year since I bought the house). I own a few vehicles and other personal belongings. I lost my previous home and had to file bankruptcy in my divorce(1st marriage). The woman I am marrying has 3 children(which these children would be my stepchildren,(none are by me). I have two children of my own from my previous marriage whom I have to provide for. I am scared of getting married again and losing everything again. My question to you is: Would I lose everything if there would be this second divorce(I am really not hoping for that but I want to be cautious)? Would they have to be prenuptual agreements? Or is there just a common law for premarital property? Thanks Highly Appreciated Jeff
Answer:
I am not licensed in West Virginia. For that reason you should also consult an attorney in your state. Generally, the law makes no distinction between a first and second marriage when dividing assets in a divorce. There may be consideration given to property owned prior to marriage. However, I strongly recommend getting pre-marital agreement if you want to fully protect pre-marital assets.
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