How do I write out a prenuptual agreement after marriage?
You don’t say what state you’re in. I was in a similar situation and lived in a community property state. You definitely need a “post-nuptial agreement”, or if the gift has already been made, a “separation of property agreement”. An attorney needs to draw it up. The attorney can only be retained by you. Your husband MUST have a separate attorney look at the agreement (save all your bills and legal paperwork) to have it truly legally binding in case of a divorce. My ex-husband tried to say that, because he didn’t have his own attorney when we did our post-nup, that I forced him to sign it. Of course this wasn’t true, but he tried it anyway. It’s is always best to show that your husband had his own legal advice and make sure the other attorney makes a couple of minor changes to show that he really looked it over. I know this sounds silly, but trust me, you want to cover your bases, and your assets. It doesn’t mean you don’t trust your husband. It just means you’re taking care of yourself
