Can you create an addendum to a prenuptial agreement after the marriage?

UPDATED: Sep 17, 2011

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Can you create an addendum to a prenuptial agreement after the marriage?

A loan company called us and told us that since my husband is not a US citizen, his name cannot be on the loan. And in order to source the funds he would have to sign a document saying that this $300k is a gift to me. Can we add an addendum to our prenup that states that the gift monies for the purchase of the house are not to be considered “gifts”as outlined in the prenup (which belong exclusively to the giftee)?

Asked on September 17, 2011 under Family Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The prenuptual agreement is a contract--nothing more, and nothing less. Like all contracts, it can be modified at will by the all the parties to it. That is, while neither you nor your husband can unilaterally (on your own) change the terms of the agreement, together you may change the terms however you like, including by adding an addendum: simply draft it and sign it. Of course, you should consult with an attorney before doing this, because you want (1) to make sure that with the change you are making, the agreement is still accomplishing what you want it to (i.e. you may want to change some other term to account for this change); and (2) to make sure that you take cognizance of and plan for any tax implications or consequences. Given how much money is at stake, hiring an attorney to help you do this is a good investment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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