Transmutation (post-nup) questions. Our intent is to keep all income, property, and debts separate. We have no intention of dissolving the marriage. I am reviewing an old (attorney prepared) draft that we never executed. Before I seek further counsel, I have some questions:
1. I own a townhouse acquired before marriage, and it is titled in my name only. My husband and I do not commingle funds, and we have no joint accounts. I pay all of the mortgage payments and property taxes. Do we really need to pay for a Moore-Marsden calculation?
2. Separate Property Interests in Pre-existing Retirement Plans and Social Security: can this section be eliminated from the draft?
3. Waiver of Rights in Respective Estates: I really do not like this section at all. Upon death, we would like our rights to remain intact. Can this section be eliminated from the draft?
4. Lottery/Gambling Winnings: is it possible to insert a section that states if one spouse wins greater than a certain amount, then the winnings will be divided equally and each half held as separate property? Just in case we get lucky!
Answer
You are both exceeding the reasonable scope of a free question and asking much too detailed questions for even a paid attorney to answer without a LOT more information and details, starting with the entire existing text of the draft you want to modify. You need to go see an attorney to get help with this.
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