I think I like the idea of buying a new house as soon as possible like 6 months after marriage in case she want try sell her house .
Her only assets is what she paid on the house during the last 5 years and yes it should be only her ......my significant assets is in a saving account and this is mine only because I made it before marriage , do you think the Prenuptial agreement is important in this case? Is it offensive to ask her that we sign a prenuptial agreement
One of the issues with sole property is that if, after you marry, you put any assets/income earned during marriage into the pre-marriage/sole-property asset, it's converted to community property.
For example, let's say that you have a savings account with $20,000 before you marry her. After you marry her
1) if you keep the $20,000 saving account and never put any money that you earn after marriage into the account, it's your sole property. You could open a new account after marriage for any additional money you save, and new account is community property.
2) if you put some of your earnings (or other) community assets into the account after you marry, it converts ALL of the money in the account to a community asset. So if you start out with $20,000 when you marry her. Then years later you have added another $15,000 to the account. The entire $35,000 is not converted to community assets and she would get half of the $35,000 in a divorce.
Whether or not you should get a prenup depends on how much money you have talking about here and if the amount each of you has is of similar value. For example if you have $20,000 in savings and she was $20,000 in home equity when you marry, things are pretty much even.
If the two of you marry and then buy a house, are you two going to put equal amounts down on the house? Or would you be putting the majority of the down payment?