< Earlier Kibitzing · PAGE 22 OF 23 ·
|Jan-05-12|| ||Shams: <They have no prenup agreement (Kobe--you big dummy!) and in Cal., she will get half of his $150M estate.>|
Correct-- by state statute, community (marital) <assets> are divided <equally>, while community <debts> are divided <equitably>, or according to what the court thinks is fair. Kobe probably doesn't have much debt, but if he did, he probably wouldn't enjoy getting to keep only half his money but the bulk of the "accounts payable".
Non community-property states don't know the fun they are missing out on. Community property laws, by the way, are an artifact of Spanish civil law, which makes sense if you look at a map of which states go that way.
Hard to believe Kobe didn't insist on a prenup.
True or false, existence of a pre-nup correlates to probability of divorce?
|Jan-05-12|| ||WannaBe: Maybe the future ex-Mrs. Bryant can do this too:
|Jan-05-12|| ||OhioChessFan: <IptF: If any of you were the sole member of the Basketball HOF election committee, would you have elected Rodman? >|
No. But I think the major sport HOFs have far more members than should be there.
|Jan-05-12|| ||HeMateMe: I'm guessing an airtight prenup means fewer divorces. The woman getting into the marriage knows that she probably isn't getting much if she leaves the marriage.|
|Jan-05-12|| ||timhortons: not so smart then, its not bad idea though that the woman share mans riches after divorce.|
in the case of elon musk co founder of paypal, his riches are well secured after his divorce.
|Jan-05-12|| ||HeMateMe: I thought Elin Nordegren really did well. She got the house, the kids, the money, and she got to go medieval with a golf club. It's too bad it wasn't her who was married to O.J. Simpson...|
|Jan-05-12|| ||WannaBe: <HeMateMe> Dude, Da house be gone! 'Tis gone!!|
|Jan-06-12|| ||HeMateMe: It must be nice to have enough money to tear down a $13 million dollar mansion, because you want to build something else. I guess Tiger better keep doing LOTSA sneaker commercials.|
|Jan-06-12|| ||Shams: <I'm guessing an airtight prenup means fewer divorces. The woman getting into the marriage knows that she probably isn't getting much if she leaves the marriage.>|
From what I have read, little to no effect-- one study did find a slight decrease in divorce within those marriages where there was a pre-nup. I would think most people's intuition would run the other way-- that the existence of a pre-nup would make divorce more of a likelihood.
Also, increasingly women are the ones requesting them, which is not too surprising.
Personally I have no idea how I feel about them, but then I'm still single and I don't have a fortune to protect so it could not be less important. :)
|Jan-06-12|| ||HeMateMe: There are horrible surprises awaiting carefree bachelors. Someone was telling me that in the south, maybe Georgia, if you live with a woman for just six months she legally has common law wife privileges, and can get into your bank account or real property, in a separation action.|
And here you thought she liked your sofa and hi-tech latte machine...
|Jan-06-12|| ||King Death: < HeMateMe:...Someone was telling me that in the south, maybe Georgia, if you live with a woman for just six months she legally has common law wife privileges, and can get into your bank account or real property, in a separation action...>|
If this is true, remind me never to live there. It's a whole lot nicer where I am. Keep me away from the barracudas!
|Jan-06-12|| ||TheFocus: My sister-in-law had to get a divorce in a common-law marriage in Georgia. |
I think you can be declared in Georgia after ONE NIGHT, not six months, if you declare yourself as married to anybody.
|Jan-06-12|| ||WannaBe: http://www.gadivorceonline.com/gapa...|
|Jan-06-12|| ||HeMateMe: strap the divorce lawyers to the drones, before sending them over Pakistan. Why not kill two birds with one stone?|
|Jan-06-12|| ||Shams: <strap the divorce lawyers to the drones>|
Blame the divorce <litigants> for once. :)
|Jan-06-12|| ||TheFocus: I work for a law firm and I can tell you this. The ONLY people who do not need pre-nuptials are FOOLS and the recently deceased.|
If you live in a 50-50 state like I do, the moment you get married, your spouse owns 50% of your assets and your ass.
And they also own 50% of your debts. And you own 50% of their's.
Nice to learn after marriage that your spouse still owes $60,000 of student debts and loans. Now you are half owner of that debt.
This advice come free.
The two most important legal documents you should always consider are a will and a pre-nuptial agreement.
If not, you get what you deserve.
|Jan-06-12|| ||TheFocus: <Georgia doesn't have a common law marriage>|
Tell my sister-in-law that. Of course, she may have been common law in Alabama and was living in Georgia when she got her DIVORCE. But it was a common-law divorce.
|Jan-06-12|| ||Jim Bartle: Reggie Miller made more than the choke sign to Spike Lee. He added a coda. Fun documentary. made you feel sorry for Patrick Ewing (for his big miss), and skips over Miller's terrible nights, once in a game seven.|
|Jan-06-12|| ||TheFocus: And SHE had to pay for it. He didn't pay a cent.|
|Jan-06-12|| ||HeMateMe: If your soon to be wife has debts, can this also be shielded from you, in a pre-nup? Is there some sort of catch all language one gets put in a pre-nup agreement?|
|Jan-06-12|| ||TheFocus: <HeMateMe> That is what the purpose of a pre-nupt is all about.|
What's mine is mine, what's your's is your's. Anything we get together is 50-50.
We charge $3,000 for them at the firm. Pricy, but worth it, considering what can happen without them. Divorce is the ugliest thing I know of.
|Jan-06-12|| ||TheFocus: The attorneys here at <CG> can answer this better than I can. I just work for attorneys.|
|Jan-06-12|| ||Shams: <HeMateMe> Sure, disposing of assets while leaving debts a question mark wouldn't make much sense. |
As for boilerplate language, sure, in many pre-nup provisions you will likely see 'magic words' that recur from one document to the next. I recommend not reflecting on this fact when you look at your attorney's bill.
|Jan-06-12|| ||HeMateMe: <TheFocus:> Does Wilfred Brimley provide security at your "firm"?|
|Jan-06-12|| ||TheFocus: No, I am the one that is supposed to keep anyone from entering Lawyer-land.|
My martial art skills are highly respected here.
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