What assets are covered by a post-nuptual agreement?

My husband and I have a post-nuptual agreement wich says that my house I bought before I got married belongs to me. I want to buy a new house but I also want to divorce my husband. Can I buy it without my husband beeing present? And does my nuptual agreement cover my new property?

Asked on September 13, 2012 under Family Law, Colorado

Answers:

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

Answered 8 years ago | Contributor

I would bring the agreement to an attorney to review but I would guess it does not cover the new purchase unless it is a purchase by using the proceeds consdiered to be separate property like from the sale of the house designated as separate property in the post-nup.  Generally speaking, assets purchased during a marriage are considered to be marital property.  Good luck.


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