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Pre-Nup

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Old 10-16-2008, 10:37 PM
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Pre-Nup

I'm getting Married Next Sept. I'm not sure how to go about talking to her about it number one. Main thing the Pre-Nup would be for is her Student Loans.

Now Question i have is if i Co-Sign Her student loans now,and have a pre-nup drawn up after we Consolidated her loansam i still responsible if we split later on?

Also Would i need to Put the car's in that as well. I am the only one on my loan and on her Car i am the main signer and she co-signed.

Any Help would be great.. Its all very Confusing.
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Old 10-16-2008, 10:40 PM
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I would go to an attorney to check this out, you may get some wrong advice here unless someone is an attorney in your state.
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Old 10-16-2008, 10:49 PM
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I'm not a lawyer, but my understanding is, a co-signer is responsible regardless of any agreement between the parties.

So if you co-sign, and she doesn't pay, the bank would go after you.

you could have an agreement that she would repay you if this happened that would hold up in court.

and I would do something simple like whatever debts prior to the marriage would remain that person's debts. and any during the marriage would be equally divided.
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Old 10-16-2008, 11:36 PM
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The only way you get out of her student loans as a co-signer is if she dies. Pre-nup or no pre-nup. The bank doesn't care if you're divorced or not. The pre-nup can force her to indemnify your responsibility, but that's about it.

Hire a real lawyer. This situation is a bit like doing your own dental work with a Dremel tool.
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Old 10-17-2008, 12:34 AM
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Man if you're already thinking about splitting up why are you even getting married? In my opinion you shouldn't go into marriage thinking about what happens if it fails, only think about the positives!!! You love her and she loves you!!!
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Old 10-17-2008, 12:54 AM
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Originally Posted by JayKWills
Man if you're already thinking about splitting up why are you even getting married? In my opinion you shouldn't go into marriage thinking about what happens if it fails, only think about the positives!!! You love her and she loves you!!!
Only reason i brought it up was actually a story on another Fourm im part of. His Wife cheated on him, Got the house let it get Forclosed. Now is car is getting repoed and alot of Drama, just got me thinking thats all.
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Old 10-17-2008, 06:59 AM
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I would go to a attorney to get the full details.
I will be gettin a pre-nup as well when i get married.
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Old 10-17-2008, 07:32 AM
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Originally Posted by JayKWills
Man if you're already thinking about splitting up why are you even getting married? In my opinion you shouldn't go into marriage thinking about what happens if it fails, only think about the positives!!! You love her and she loves you!!!
There's fantasy and responsibility, my friend. I am a lawyer, and after seeing the crap I see on a daily basis regarding child support, there's no way I'd get married without one. It isn't a matter of trust--it's a matter of responsibility. Fact is over 50% of marriages do end in divorce and you're better off deciding who gets what when you still love each other. I think rather than being a trust breaker it's a trust builder. You are declaring what you're willing to sacrifice for your spouse in case you both need to move on.

Also, a little bit of money now saves a lot more money later if the contingency does arise.
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Old 10-17-2008, 10:13 PM
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Anyone know how much one Cost?
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Old 10-17-2008, 10:40 PM
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WOW, notwithstanding what the lawyer chimed in, I'm worried about your marriage from the start if you're seeking a pre-nup and dont' have millions in assets to protect.
That said, I agree with the lawyer, I wouldn't want to get stuck with someone else's bills but how deep is she in for? Likely you'll pay off the loans before your marriage falls apart. (lets hope it doesn't). Have you been together long? how old are you? I know it's personnel but if you're writing this as a 21 year old fresh out of college and getting married, then I'd get the pre-nup. I got married at 28, long after my playing days were over and had dated enough girls to know what I was getting into. Pre-nup wasn't needed. She didn't bring more than 6K in debt to the marriage. I had none.
Consult a lawyer at least to rest your conscience and maybe get some good advice.

And best wishes to you and your loved one.

Jim
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