Legal Question in Family Law in North Carolina

In the post nuptial agreement here, do I need to list each property and what it's worth or just list the properties separate and then put one value for all the properties? Also what if we get back together and decide to buy a new house. That house becomes shared property but if I put $200000 from the sale of the house listed as separate property do I have $200000 into that new property if we divorce?


Asked on 1/19/16, 8:54 am

1 Answer from Attorneys

Property values change so whats the point of listing values at all unless you are trying to pigeon hole your spouse into a set value? If so, your spouse would be stupid to sign it unless doing it for some consideration worth more than the properties potential future value. However, if you are required or prefer to list a value, the better way would generally be to list each property and its value separately. As to your other question, unless your agreement specifies how new property will be treated, it will be treated as marital property.Finally, as a general rule being married and acquiring property comes with the risk you will lose property in a divorce. If you want to minimize that possibility your best bet is to consult a local attorney versed in real property law.

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Answered on 1/20/16, 8:54 am


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