Consequences of Not Having a Prenup

Failure to make a prenuptial agreement means that your state laws will have to determine the manner of property distribution in default. State law may even provide for the consequences to the property you separately owned before you were married. Under the law, marriage is deemed to be a contract between the marrying couples, as such, that contract poses certain property rights for each spouse.

In default of a prenup agreement, spouse usually possesses the right to:

• Equally own the properties acquired during the marriage
• Equal division of the property in the event of divorce
• Pay for the debts that the other spouse incurred
• Shares in the disposition of the conjugal property
• Exercise acts of dominion over the properties

Back ↵