This may be a confusing and difficult question to discuss, but at American Lawyer’s Group, we are here to help you understand your situation. We have skilled Divorce Lawyers in Northern Virginia that specialize in these situations.
Whether or not you have rights to your ex’s property during a divorce depends entirely on what your prenup outlines. If the property in question is designated as separate property, you likely have no claim to it. However, if the property is classified as marital property in the prenup, you could have rights to it as part of the divorce settlement.
What is a Prenuptial Agreement (Prenup)?
A prenuptial agreement (prenup) is a legally binding contract made before marriage that specifies how property and assets will be divided if the marriage ends. A prenuptial agreement shall be in writing and signed by both parties.
Such agreement shall be enforceable without consideration and shall become effective upon marriage.The primary purpose of a prenup is to outline each spouse’s rights and obligations concerning assets, debts, and financial matters in case of a divorce.
Below is the Content of Prenuptial Agreements:
| Content of Prenuptial Agreements |
Rights and obligations regarding property owned by either or both parties. |
Rights to buy, sell, lease, or otherwise control properties. |
Deposition of property upon separation, divorce, or other situations |
The payment of money to the lower-earning spouse |
The making of wills, trusts, and other arrangements to carry out the provisions. |
Ownership and deposition of life insurance death benefits |
Agreement on the law/state that governs the contents of the contract/agreement. |
Any other content on personal rights and obligations that complies with public policy or a statute not imposing a criminal penalty. |
Ownership of Property with a Prenup
The primary question of whether you retain rights to your ex’s property during a divorce depends on what the prenup agreement says about ownership. A prenup can classify property as either separate or marital:
Separate Property: Property acquired before the marriage or through gifts or inheritance is often designated as separate property. If the prenup specifies that certain assets remain separate, they typically won’t be divided in a divorce. If your ex owned property before the marriage and the prenup acknowledges it as separate, then you likely DON’T have rights to that property.
Marital Property: Property acquired during the marriage is generally considered marital property and is subject to division during a divorce. However, the prenup can specify how marital property should be divided. If your ex’s property was acquired during the marriage and is deemed marital property under the prenup, you could have rights to that property, depending on the division terms in the agreement.
You can also have rights on the property if your spouse DID NOT:
List ALL their properties on the contract
You or your spouse did not sign it VOLUNTARILY
Disclose that you can amend property division in the contract
Contact the American Lawyers Group
Our Divorce Lawyers specialize in the formation of pre-nups, especially the information that is displayed in the pre-nup. We have Divorce Lawyers in Northern Virginia, so contact us to help you with ensuring your rights and obligations are fully understood in the context of a prenup and the divorce proceedings. Call us at (703) 786-8340 to schedule a consultation.