PRE MARRIAGE CONTRACTS - ANTENUPTIAL WITH ACCRUAL

[karinnorth]

Good day, I need some clarification please?

QUESTION 1: My husband and I are married by Antenuptial Contract with Accrual. We own a home which we opted to put in my husband's name. Now, because the house has been accrued during our marriage, I realise that we are technically co-owners. Does this co-ownership only kick-in on death or divorce? Or am I currently a legal co-owner? Can my half be accessed by someone who claims that I owe him a fairly large sum of money, or is our home safe as long as I am alive and still married??

QUESTION 2: The other issue is......in our antenuptial contract, it states that my husband agrees that all wedding gifts and ALL household items belong to me. Are these mine NOW or only on death or divorce? Or am I am liberty to give everything in our home to our adult children? According to my logic, I am the sole owner of these items and therefore I can do with them as I see fit at any time that it suits me!! Am I wrong? Again, I am concerned that this person who claims (falsely) that I owe him money, can send in a Sheriff to take away all our belongings!!!

He can take the case to court but because I cannot afford an attorney to defend his claims, it is likely that the court may rule in his favour......they say that anyone who represents themselves in court is a fool....and I fear that this may have a disastrous result in my case as it is rather complicated!!!!!

I would appreciate answers to both my questions please.....thanks so much.

[claassenattorney]

Hello,Karinnorth,

I can feel the situation that you are going through. As per your first question is concerned, you are married by Antenuptial Contract with Accrual; the assets now belong to both of you jointly. This is applicable as soon as you get married. Do not get tensed as if you are currently married, you and your spouse are jointly sharing the properties (exceptional cases when anyone of you has acquired property from ancestors if any). You are currently the co-owner of your house. However, in these Antenuptial Contract with Accrual, the women might sometimes ignore cases like not participating in the financial decisions and not checking the medical coverage. This can lead to betrayal. So, always be active in every financial decision that your husband take.

For the second question, as your husband has declared that all wedding gifts and household items belong to you, then it is yours now. You can give your items to your adult children as well. And if by chance, the sheriff comes to your home and takes all the belongings or you get a notice for the same as he claimed that you owe money, you should immediately hire a property lawyer who can help you in this case.