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- How can she set up a prenup to ensure that her portion of wealth goes to her living family if she dies or divorce occurs?
How can she set up a prenup to ensure that her portion of wealth goes to her living family if she dies or divorce occurs?
Woman with no kids marries a man with kids. How can she set up a prenup to ensure that her portion of wealth goes to her living family if she dies or divorce occurs?
The prenup will designate what property rights will be effective at the time of divorce.
And what that means is that you're just going to want to stipulate separate property.
Islamically, we don't have shared property.
Unless it is gifted, bequeathed, or titled to another person, it is not theirs.
So a wife does not have a preemptive right to 50% of everything her husband owns. The man does not have a preemptive right to 50% of everything the woman owns.
And they certainly don't share each other's debts.
Those properties that they agreed to share are their shared. Those debts that they agreed to share are theirs that they share.
Otherwise, your property is individual.
Now, what you want to do is if you live in a community property state like Texas is a community property state and a few others.
Then you want to have a prenup or a marital property agreement that you sign after marriage that says, with regards to these properties, we're going to treat them as joint with regards to everything else we're not going to treat it as joint.
So it's the nature of having a prenup that that would be done. And then you would also want to make sure you have a good estate plan as well to take care of situations of death.
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