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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-21-2009, 02:04 PM
kevin2009 kevin2009 is offline
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Default fair property division

Hi,
My girlfriend and I getting married in June and have the below financial situation:

She owns a house worth $360,000 with 20% equity. Once married, we will both live in this house and will equally contribute to the mortgage.

My question is what must go into the prenup in order to ensure that in the event of a divorce the property division is done fairly as opposed to the 50/50. Or what is the best way to state this?

Also, if I have a separate property overseas with 95% equity, will this fall under family property and do I need to explicitly exclude it to ensure that it doesn’t?
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Old 04-21-2009, 03:58 PM
AtALoss AtALoss is offline
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Part of the idea in a prenup is that it recognizes that you wish certian items to remain in the state they were before the marriage and that it makes your wishes known. So you can be very explicit on in the event you do split you outline all considerations. As well anything you have jointly acquired during the marriage you can have stated thatyou wish this portion only to follow a 50/50 split... what ever you intent. That's the purpose of it and is tailored to your needs.
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Old 04-29-2009, 07:45 PM
kevin2009 kevin2009 is offline
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Thanks for the info.

Another quick question:We plan on living on her house (the deed is on her name) immediately after marriage for a period of 3-5 years and then potentially relocating to BC to a jointly owned house. Would the first remain matrimonial home before the law because we lived in it or only the house at the time of separation (i.e. the BC house). How will the first house be divided in the event of a separation if we both contributed to the mortgage when we lived there but the deed is on her name?
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