If I did not get a pre-nuptial agreement before I married, how do I protect real estate that I now want to but in the event that I divorce?

I got married 3 years and 4 months ago. I had been thinking of writing a pre-nuptial agreement before getting married, but I and she had to hurry to finish doing all steps because of an international marriage. I have LLC (solo membership) in a different state. I would like to buy a house in a different state (as an investment property.How is better to register a house for me or for my LLC?) How can I protect my house in a case of divorce from my wife? I would like to know if I can keep the property all to myself after divorce.Can I write an agreement form like a prenuptial agreement as I want even though I’m already married? And when we will sigh the prenuptial agreement can it be invalid?

Asked on July 14, 2015 under Family Law, Rhode Island


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What you wish to write is a post-nuptial agreement and you would need to discuss same with an attorney in your state.  Money earned during the marriage is marital money and if you buy property during the marriage with marital money then it is marital property no matter how it is titled. Seek help.

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