NJSBA Family Law Section

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  • 1.  Pre-nup language vs. Post-nup deed to non-contributing spouse by tenants by the entirety

    Posted 12-11-2018 01:32 PM
    Hello, everyone.

    The husband-to-be purchases a home prior to marriage.  The title is only in his name.    He puts down 2/3 of the purchase price with his pre-marital money.

    He enters into a <g class="gr_ gr_423 gr-alert gr_spell gr_inline_cards gr_run_anim ContextualSpelling ins-del multiReplace" id="423" data-gr-id="423">pre-nup</g> with my client.  The <g class="gr_ gr_443 gr-alert gr_spell gr_inline_cards gr_run_anim ContextualSpelling ins-del multiReplace" id="443" data-gr-id="443">pre-nup</g> says that if the parties divorce, the husband receives his contribution of pre-marital money to the home "off the top".   The <g class="gr_ gr_577 gr-alert gr_spell gr_inline_cards gr_run_anim ContextualSpelling ins-del multiReplace" id="577" data-gr-id="577">pre-nup</g> also says that post-marriage, the husband will change the deed so that the parties own the home as tenants by the entirety.

    My question:  Does the husband waive the return of his pre-marital contribution to the purchase of the home if he changes the deed after the marriage to name the parties as tenants by the entirety notwithstanding the language in the <g class="gr_ gr_1012 gr-alert gr_spell gr_inline_cards gr_run_anim ContextualSpelling ins-del multiReplace" id="1012" data-gr-id="1012">pre-nup</g> that says he is to receive his pre-marital contribution "off the top"?

    Any assistance is much appreciated.

    Debra Schneider

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    Debra Schneider Esq.
    Hackensack NJ
    (201)445-8381
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  • 2.  RE: Pre-nup language vs. Post-nup deed to non-contributing spouse by tenants by the entirety

    Posted 12-11-2018 01:56 PM

    Hot tips short answer- it depends.   If they file for divorce shortly after he includes the wife on the deed?  12 years after they are married?   I think by adding her name, he gives her a gift.   The time may dictate the value.

     

    I suppose the prenup provisions are in this order – because for me – that makes a difference:

     

    He enters into a pre-nup with my client.  The pre-nup also says that post-marriage, the husband will change the deed so that the parties own the home as tenants by the entirety.  The pre-nup says that if the parties divorce, the husband receives his contribution of pre-marital money to the home "off the top". 

    Semantics matters but chopping that asset up in a divorce can creatively by done.

     

    Albertina Webb, Esq.

     

    83 South Street, Suite 302

    Freehold, NJ 07728

    Tel. 732-409-1144

    Fax 732-409-0350

     

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  • 3.  RE: Pre-nup language vs. Post-nup deed to non-contributing spouse by tenants by the entirety

    Posted 12-12-2018 12:32 PM
    I don't see why it would. If it's in the prenup that he's required to change the deed, that's part of the bargained-for exchange, as is the agreement that he will have his down payment money returned. The home will be considered a martial asset, but he'll still be entitled to the benefit of the bargain.



    Original Message