[maryli]

My son and his girlfriend have been living together for about 7 years now. She wants to get married but he don't. I worry that she may leave him and try to get half of everything due to them living together even though she came into the relationship with nothing and still don't contribute. The house they live in belongs to me but I'm afraid she may try to take him for half his savings and income. Is there such a thing as a pre-nug agreement for someone in this situation that is living together but not planning on marriage?

[JudyKayTee]

Pre-Nup means prenuptual so the answer is, no, you can't have a prenup (which takes effect when the marriage occurs) when there is no marriage.

If they aren't married why do you think she's entitled to "take him" for half his savings and/or half of his income? If they WERE married she wouldn't be entitled to half of his income.

A lot depends on the State in which you live but it appears to me that if/when the relationship ends she goes her way with her "stuff" and income and he goes his way with his "stuff" and income. It gets complicated when there are joint belongings - furniture, savings, things of that nature.

[excon]

Hello m:

The fact that they're NOT married has the same effect that a pre-nup would. She isn't entitled to anything, so a pre-nup saying so wouldn't be necessary...

Although most states have done away with common law marriage, if the state they live in recognizes it, then they'd BE married after a certain period, and I believe 7 years is enough... If that's so, then the pre-nup SHOULD have been written BEFORE they got married, IF they did get married via common law.

Hopefully, I haven't confused you further.

excon

[ScottGem]

Its not called a pre-nup, its called a contract.

Marriage is a contract between two people. Local laws govern the terms of that contract.

There is nothing to prevent them from drawing up a cohabitation contract, that specifies what each gets upon dissolution of cohabitation. Of course they would both have to agree to the terms of such a contract.

[Fr_Chuck]

Unless they live in a place that will still accept a "common law marriage" and there are few places left that does that.

But if her name is on the deed, if her name is on the bank account, she already owns 1/2 of everything,

You will have to tell us if they have mixed their money together in the same bank account, if they bought a home, are they both on the deed.

[JudyKayTee]

Its not called a pre-nup, its called a contract.

Marriage is a contract between two people. Local laws govern the terms of that contract.

There is nothing to prevent them from drawing up a cohabitation contract, that specifies what each gets upon dissolution of cohabitation. Of course they would both have to agree to the terms of such a contract.

This must vary by area. Where I am in NY it's called a Pre-Nuptual Agreement and it is filed with the County Clerk (if that's the desire of the parties) as such. Yes, it's certainly a contract between two people.

[ScottGem]

This must vary by area. Where I am in NY it's called a Pre-Nuptual Agreement and it is filed with the County Clerk (if that's the desire of the parties) as such. Yes, it's certainly a contract between two people.

You misunderstand me. As everyone else has pointed out a pre nup is a contract that specifies what both parties can take out of a marriage if it dissolves. Ergo a pre-nup has to involve a subsequent marriage.

But, there is nothing to prevent a couple from creating a contract that covers a cohabitation. It would not be called a pre-nup, it would simply be a contract.

[JudyKayTee]

Okay, got it.