Is it possible to divide certain physical property while still married in case of a future divorce?

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Is it possible to divide certain physical property while still married in case of a future divorce?

My husband and I have been married for 15 years and do not plan to divorce but we know things happen and I have family land that I wouldn’t want caught up in divorce proceedings and my husband also had land that we own that is very close to his family. And we are planning to build a home on the land near his family. We have been told the only way to guarantee is to divorce and divide things up now. This is too extreme because we don’t want to divorce. So if there is any other way we’d love to know what to do.

Asked on April 23, 2012 under Family Law, Arkansas

Answers:

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

Answered 9 years ago | Contributor

If the person that told you that was referring to state law then that is one thing though I hignly doubt that the law states as such.  An agreement between spouses on divorce is technically a contract and you can contract at other times where it is just as legal.  Pre nuptial agreements and post nuptial agreement are examples.  So if you want to enter in to a post nuptial agreement go and speak with a lawyer.  Each of you should have your own so that your rights are explained with out conflict. Good luck.


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