QUESTION:
"Dilemma: married for four years. Moved into husband's house and rented mine. I was very clear that I did not want to stay in his house. That we would need to get something else. He doesn’t take care of it. The floors are rotting away. The siding and roof need to be fixed…. The list goes on. The plan was to each saves money to pay cash for another house. For four years, I’ve worked endless hours and put money back for this. He, on the other hand, has spent all of his extra money on boats, razors, and casinos. He has no money put back for a house, and I can’t live in this one much longer. I ended up selling my house to make up what I need to get a nicer house. I do not want to put his name on my new house. He did nothing g to earn it, and if something was to happen to me first, I would want it to go into my children’s estate. FYI. There is a prenup! Do you think this is selfish of me"
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TOP ANSWERS (AS SELECTED BY MODERATOR):
"Put your name and one of your children's name on it and include in your will that it goes to your children. He may depending on where you live still be entitled to payments from the estate."
"The real question is should you stay in a marriage with someone who has no financial responsibility? You both are on totally different pages with different goals."
"In most states property bought inside the marriage is equal property regardless if he's on it or not."
"In most states, unless the house is in a trust, he will get 1/2 as it is not part of your prenuptial. Your original house was but anything purchased after marriage is not."
"Your hard work, time away from your kids to work and saving properly is not selfish. It's responsible, something he clearly is not. I'd take my new home and leave him to figure out if he wants to be a man or a tenant."
"I'd be careful. What does the prenup say??? You do not sound selfish at all. I would spend the $250 and pick an attorney's brain over it for an hour. Since you are married anything purchased after the marriage could very well automatically be 50% his property as well should you divorce, whether his name is actually on the deed or not. This is why I say it depends upon the prenup."
"I don’t think it’s selfish. Yes they are suppose to be a team, They agreed to save money for a new house. He blew his money and she saved hers."
"If you're legally married and depending on the state you live in he could still be legally entitled to it even if his name isn't on it."
"You better check the laws in your state regarding purchase of real estate when you are married. I believe some states consider your spouse as an equal owner anyway. It would be better to figure that out first. Good luck."
"A prenuptial only covers what was yours before the marriage and what was his what is bought during the marriage is still joint property.. you can leave the house to your kids but they can't do anything with it until he dies as well.. but it's still his property until then."
"Unless your prenuptial agreement includes all assets post marriage then he is entitled to half the marital assets once you said I Do, which includes this new house, regardless of whose name is on it."
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