Marital Property after the Marriage

When you enter into a marriage, you enter into an agreement that what is hers is yours and what is yours is hers. There are some things that will always be his and always be hers even after a marriage. When a couple joints together their belongings, some things may be excluded from the partnership.

There are things in someone's life that they do not want to share with someone else, especially in the event of a divorce. When you marry, you are not expected to call everything you own hers or his. Before the wedding, you might want to make this clear to each other.

His Property

Men often have there toys and mementos that they bring along to the marriage. They can be very protective of their belongings. Although there are some things that cannot be claimed solely by the man, a prenuptial can help with this problem. For instance, if a man has a Harley, Corvette and a house, he may treasure these things and would not want to lose part of his ownership to anyone. In this case, he may have a prenuptial drawn up to protect his assets before marriage. It would probably say that anything that he has before the marriage is his no matter what happens.

Her Property

Women can enter into marriage and own things that she does not want to lose if something would happen to dissolve the marriage. This may be grandma's antique bedroom set and grandma's house that she inherited. In this case, a prenuptial can help protect grandma's gifts to her and give her piece of mind that no one can take it from her if the marriage would not work. Everyone has something before he or she marries that he or she wants to be just theirs and they want to keep it that way. There is nothing wrong with this way of thinking, even in marriage.

Joint Property

Once you are married, what you buy together is considered joint property. The only way around this is have a legal document drawn up to say differently. For instance, if the man had a house before the marriage and has now decided to sell it so the two of you can buy a bigger house, that house will become joint property. The only way around this is to have a legal document drawn up stating that so much of the equity in the home is his and the rest is joint property.

If you are planning to marry and either one of you have property that you do not want considered joint property after marriage, a prenuptial agreement will help. You can each have things that are yours along in a marriage and still be happy. If things change during the marriage, you can have legal documents drawn up to protect each other's interests. This does may a bad marriage. It makes a marriage truthful and happy. If a marriage is not all that happy, then a prenuptial will help in the event of a divorce.