North Carolina Prenuptial Property Agreement
Description
How to fill out Prenuptial Property Agreement?
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FAQ
If you put in all the hard work to avoid stress down the line, don't throw it all away by forgetting to put your agreement in writing. In North Carolina, prenuptial agreements must be in writing and be signed by each spouse before marriage to serve their intended purpose in the future.
Property owned by either party prior to marriage is that party's separate property, provided that it is not gifted to the marital unit.
Can a prenup protect my house? In short, yes, a prenup can protect your house. Describing future assets in great detail in your prenup agreement can protect home purchases or income down the line.
Chapter 50-13 of the North Carolina General Statutes defines marital property as ?all real and personal property acquired by either spouse during the course of the marriage and before the date of separation,? and the property must be ?presently owned?.
Marital property includes property presently owned that was acquired by both parties ? and debts created ? during the marriage. It includes all vested pension and retirement benefits accrued between the date of marriage and the date of separation.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
North Carolina and South Carolina are equitable distribution states, not community property states. Unlike a community property state, which divides marital assets 50/50, equitable distribution states take the time to make sure the division is fair to both parties, and they do not divide separate property.
Spouses in North Carolina Inheritance Law If you have no living parents or descendants, your spouse will inherit all of your intestate property. If you die with parents but no descendants, your spouse will inherit half of intestate real estate and the first $100,000 of personal property.