Does a prenuptual agreementoverride joint ownership?

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Does a prenuptual agreementoverride joint ownership?

I have been married for 10 years and signed a prenuptual agreement with my spouse prior to marriage. It was legally done by attorneys. She purchased our home by herself and my name was not on the title and it was listed as her “separate property” in the agreement. Additionally, she gets an amount of money of the equity according to the agreement. Several years ago we refinanced and she needed my income on the loan, so I am now on the loan and the title. Did this become joint property at that point and would it over rule the prenuptual agreement so that I would be entitled to half of the equity?

Asked on August 23, 2010 under Family Law, Indiana

Answers:

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

Answered 11 years ago | Contributor

Someone would need to read the prenup agreement here to give you an idea as to how this will play out.  From the way that you have phrased the question it makes me think that although the property is listed initially as separate property, at some point it is acknowledged as some form of joint ownership.  Why else would she get  "an amount" of the equity.  She would get the entire amount of the house.  And yes, I do believe that subsequent actions can invalidate a prior contract (which is really what a prenup agreement is anyway). Seek legal counsel in your area who can read the agreement in its entirety and advise as to the current status of the law in your state.  Good luck.


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