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In equitable distribution states, judges divide marital property in a way they believe is fair, depending on the individual circumstances of each casethis method doesn't always result in a 50/50 split. Courts consider a variety of factors to determine what would constitute an equitable division.
Before signing a prenuptial agreement, both parties are obligated to disclose their finances. This includes all investments, real estate, property, and financial liabilities. Some states also consider future inheritances and require them to be included as part of the agreement.
Example: In a real estate purchase agreement, Bob Buyer agrees to purchase the property, but provides that title (legal ownership) will be granted to "Bob Buyer or nominee," so that Buyer can sell his rights to another person before the deal closes, or because Buyer is really acting for someone else.
However, New Hampshire allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. N.H. Rev. Stat.
nuptial agreement is a very good way for premarital assets to be protected in divorce. nup can set forth terms about how you will divide your assets and debts, and whether alimony will be paid, and if so for how long and how it might be calculated, if your marriage ends.
Here are several pros and cons to having a prenuptial agreement in place.Pro: Protect What's Important.Pro: Protections for Children.Pro: Better for Businesses.Pro: Prevent Debt From Transferring.Con: Wondering if the Marriage Will Last.Con: Ruins the Romance.Con: Creates a Sense of Distrust.More items...?
A nominee agreement is an agreement where one person agrees to act on behalf of another person in certain legal matters. A nominee agreement is like a power of attorney but may be broader in scope. A nominee may receive a payment for services or may agree to conduct the affairs of without charge.
A prenuptial agreement (prenup) is a written contract made by a couple before they get married. Typically, a prenup lists all individually and jointly owned assets (and debts) and outlines how the couple will divide this property in the unfortunate event of divorce.
Just like anybody would get insurance on very expensive assets, a prenup is like insurance for your marriage. A prenup protects your money in ways that can save you a lot of headache in the future, and experts agree it's an important investment in a romantic relationship.
A Nominee Trust is an estate planning tool that is unique to Massachusetts. It is essentially a realty trust in which the trust holds the property for the beneficiaries, but the beneficiaries are able to exercise control over the real property.