Is Leaving the House in my Name Sufficient? When do I need a Pre-nup?
In his most recent radio interview, Colin Amos talked about pre-nups, Portland Divorce for men, and child custody. He took questions from callers and questions that were submitted to our website.
One question he answers asked about separate property and when to get a prenup. The question read:
I plan on getting married in a few weeks. I have a house in my name, some investment accounts, and a retirement account. I plan to leave all of these assets in my name and only open up a joint account for our joint expenses. Do I need a pre-nup to keep our assets separate?
Colin elaborates in on this and other issues in this radio interview:
Many of people feel that keeping their assets in their own name will protect those assets from being divided in a divorce. Unfortunately, that is not necessarily how it works and without the protection of a prenuptial agreement there is no way to guarantee your asset will be safe.
We get questions about pre-nups and protecting assets all the time from prospective husbands. Unfortunately, too many of them are from men heading into their second marriage. Nevertheless, we are committed to giving you quality answers on the phone and through our consultations, feel free to call us with any questions about Portland family law and divorce for men. Call - (503) 731-8888
What Happens to Inheritance in a Divorce? Oregon Divorce Law is Updated to Protect Inheritance
Colin Amos, a Portland divorce lawyer and managing attorney of Goldberg Jones, was on the radio before the holiday to talk about a major change in Oregon divorce law. The change will affect how inheritance will be divided during divorce and is effective as of today.
Before the change, inheritance or gifts received during the marriage were presumed to be joint property. Therefore, the court often split inheritance between the two parties during the divorce. While the presumption could be overcome, it was difficult to find evidence show that the inheritance was intended only for one party. The results were unfortunate. For example, recently, there was a sad case where a husband, who received inheritance just before the separation and kept the money in a separate account, was still required to give half of the money to his ex-spouse.
Fortunately, Oregon has changed the law to prevent this situation. Effective today, 1/1/2012, SB386 has reversed Oregon's position on inheritance. The law now presumes that money received as inheritance is separate property. While that presumption can be overcome with evidence that the donor intended to give the money to both of the parties, the default position will now protect your rights to your inheritance during a divorce.
Colin provides more information about the change in his radio clip:
Colin makes a great point at the end of the video. You can save a lot of attorneys fees by educating yourself. We pride ourselves is being accessible and straightforward when working with you and we will answer any questions you have about divorce on the phone for free. If you are facing questions of separation of property during divorce, give us a call for a free consultation: (503) 731-8888.
Should you decide to hire us to represent you during your divorce, you can rest assured that the Portland Divorce Lawyers at Goldberg Jones have the experience and talent to make sure that your rights will be protected.
Portland Divorce Attorney, Colin Amos, Talks Prenups on the Radio
Most people either hear about prenuptial agreements from the celebrity gossip page or from the classic Seinfeld episode. On your first marriage, most people never think about getting this valuable protection. However, divorce is a great learning experience and you would be surprised how many people get a prenup for their second marriage.
Recently, our managing attorney, Colin Amos, was on the radio to talk about Portland prenuptial agreements. He talks about when you need them, what protection they provide, and how to keep them from being reversed.
Listen for his creative suggestion on to present a prenup to your fiance.
If you are coming into a marriage with inheritance, existing property, retirement, or children, a prenuptial agreement is something to think about. Sitting down with an attorney to take stock of both of your assets before marriage can help make sure everyone is on the same page. Should you choose to go forward with a prenuptial agreement, it can be prepared rather quickly.
If you have any questions, feel free to contact us at Goldberg Jones. Our Portland Family Lawyers know prenups and are willing to answer any questions you have on the phone. Give us a call for a free consultation - (503) 731-8888.