Newly married wish to keep my house, husband now want me to sign legal documents stating I am not entitled to any of his assests should we get divorced. Is this wise, advice please.

[skjh]

What kind of agreement would this be?

[ummmm]

You're already married...

What assets?

[pink-kittens]

you have a house of your own and live in your now husbands house that he owns?
All rather confusing

[marval]

Just make sure that he doesn't get any of your assets, including the house. Don't sign anything until you are sure it is the right thing.

[237SJ]

Don`t sign it. I`m not sure such agreements are legal anyway. I don`t think pre-nups are so I presume an agreement signed after marriage would not be legally binding anyway. Get legal advice.

[rowanwitch]

pre nups are becoming more common.... and I don't see why you shouldn't draw up a contract stating how things would be divided if the worst happens....however it doesn't look promising if you are thinking along those lines now...

[skjh]

Sorry was feeling confused this morning, let me explain. I own my house it has a mortgage on it, my new husband has a house but no mortgage. He wants me to sell my house, but I have two older children and this is all I have left for them to inherit. My husband is fairly wealthy and has savings. I want to retain the house for my children but he feels this will affect our income and what will happen if we seperate. I agree this does not make nice reading for the future. He wants me to sign away all my rights re his income pension, etc etc.

[DaisyNonna]

DO NOT SIGN. yes, realise that I was shouting. Why on earth did you get married without sorting things out beforehand?

[pink-kittens]

sounds like a control freak to me
Why would he want to leave you with nothing should you divorce? If you have the means to pay your mortgage yourself keep on doing so, there is no (good) reason he should want you to sign away your own house and IMO you are right to be suspicious if his request to do so

[jd_here]

When Mrs JD and I were married almost 40 years ago we enterered into a partnership where everything, yes everything, is shared jointly. It's worked pretty well for us. Long may it go on that way too.

[Hettster]

Instigate divorce proceedings ASAP . . but hey that's just my opinion. . . . . how "newly married" are you? . . . . . .just out of interest?

[jedimistress]

Is this wise? What do you think? He should have thought about asking you all that before the wedding as there is very little he can ask you to do now.

If you are to sell your assets to put into the marital pot, then you should be able to take from the marital pot when you divorce. Pre-nuptuals donlt have much bearing in courts so a post nuptial will mean very little in the courts.

If you have explained it correctly that he wants you to give up your assets and for you not be able to have any of his when you divorce - this means you will have nothing. No court would look favourably on such an agreement. Financial settlement will probably be decided on the merits which most are. Jedgements are made based on.....How long is the marriage, what you both brough the the marital pot, what you accumulated together, what do you both require moving forward. etc.

[boxtops]

As others say, whyever didn't you sort this out before you married? My husband and I both had assets when we decided to marry and we drew up pre-nuptual agreement, stating what was his and what was mine, before we went into the marriage. It's not an uncommon arrangement when people marry later. However as a legal entity you are now certainly entitled to claim from him if you divorce, as he could claim from you if you were the better-off of the two - pensions included (whether or not the claim succeeds is another matter).
I would advise you to see a solicitor a.s.a.p. Your husband has left it very late to think of this - it should all have been discussed and signed off before you wed. Now you are married, the legal considerations are different and any split would be based on (as jedi says) what you put in, his ability to pay, etc. Please seek legal advice - I am no lawyer, but don't let him bully you into signing away your children's inheritance.

[starone]

omg. what sort of a marriage is this when they are disputing whose is whats already. I agree with jd. My husband and I shared everything throughout our married life for 63 years - a very long time. We were very happy with everything and that's how it should be.

[boxtops]

Morning starby, I think that's lovely and jd's post is the same. It is a different set-up though, if you are starting out as you both were, building your lives together from your young marriages. However (as happened with me) I remarried in my 50s when I already had my own life and assets, I had worked blooming hard on my own for them - and acknowledging that things can go wrong, I needed to protect those assets, just in case things went pear-shaped. If one of you is far more wealthy that the other (which sounds the case for the OP) then the rich one doesn't want the other partner to be able to claim pensions and assets if the marriage does fail. I know it sounds as if people are thinking of failure from the outset, but divorce and separation seem very common these days and we all have to protect our own interests for the future. My OH and I share everything to do with our current relationship, but just in case it goes awry, there is something there to say what we bought to the marriage beforehand.

[jedimistress]

I think I have quite a few assets for a lady, and for that reason I would have a pre-nuptual or remain living together but not married. Unless the man was richer.... :-)