What existing rights/obligations are affected by marriage?
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What existing rights/obligations are affected by marriage?
I own a house and am contemplating getting married. She will not sign a pre-nup. If we would get divorced and my house was inherited from my mother, could she take it? I am in PA. also, this woman pays child support. If I should marry her, will I in any way become responsible for it?
Asked on June 3, 2011 under Family Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are wise to think about these things now rather than later. The best thing to do is to speak with an attorney in your area on a consultation basis as to how certain scenarios will pan out. Generally speaking inherited property remains separate property as long as there is no co-mingling of the asset (like money deposited in to a joint account or a home refinances with both names on the mortgage) or actions that show an intention to make the asset joint (like paying off joint debt with the money). Some states allow the increase in the value of the property during the marriage but also generally the actions of the non-owning spouse have to be active and not passive (putting on a new roof themselves rather than just riding out the market fluctuations). As for the child support, the order is against her not you but do not be fooled that it can not affect you. If she defaults and there is an order for garnishment it is possible that a joint tax return is taken or a joint bank account is garnished. Consult with someone about protecting yourself without a pre nup. It is possible. Good luck.
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