Do I Need a Prenup?
Sometimes there are ways to solve an issue that don’t involve the complexity, time, or expense of drafting a contract. It’s possible that whatever you’re concerned about is already addressed in the state statues, or, can be handled by another approach. For example, if you’re concerned about protecting an inheritance, a prenup is likely not needed. Inherited property in Texas always has a separate property character before or after marriage. One party can intentionally gift away the property but it otherwise belongs solely to the person who inherited it. There may be other issues in this scenario, however, that would require a marital contract, such as, whether there will be any income generated or derived from this separate property. If so, this income is considered community property and a prenup would be necessary to keep it separate.
Another common issue for couples concerns the income earned during marriage. In Texas, if you don’t wish to share your income with your spouse during marriage, you’ll need a prenup.
These are just a couple of the many examples why you should discuss your personal circumstances about what to include in a prenup during an initial consult with Cindy.