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Spouse paying spouse RENT?? Advice please 

InsistingOnPrenup's picture

Spouse paying spouse RENT?? Advice please 

My boyfriend and I are discussing marriage and one small topic of contention keeps coming up. I want this situated BEFORE the ring is on my finger which I feel will occur soon. I'd like to keep the house I'm about to buy as my separate property even after we marry. NYS is an equitable distribution state meaning based on various factors a judge determines who contributed what  to the marriage and distributes property accordingly. Obviously divorce laws IMO aren't always fair and I seek to remedy that prior to entering into this union. I'm qualified for a 15 year mortgage at a rate that puts my payments mortgage/insurance/taxes about 28%-35% of my income NOT including the down payment which is SOLELY mine (he's unable to save due to guess what? CS) still working on that ring... I'm mortgaging the home alone, and I'd like to be the only person on the deed. My BF is ok with that and said he's ok with signing a prenup (agreeing that assets owned and maintained by one party is solely owned by that party such as savings, and retirements) but balked at the idea that I wanted him among other things to waive his "marital right" to my home. If you've been following my blog you know that my BF has two kids by 2 diff women and in NYS thats 17% x 2. So IMO 34% of his income is legally obligated to support his children until they are 21 (fine by me) and this money in no way helps him, me, us, OR our household. If we were to live somewhere that he could afford to contribute equally, or at the very least proportionate to his total income we would ONLY be able to rent an apt indefinitely until his CS obligations are over. And we all know that the percentage one pays in CS is not all inclusive of everything. What happens when he's with them he spends more money... I suggested I buy, and he pays me what he's been paying in rent (or a reasonable rate) with incremental increases over time that we will agree upon before hand. He says that he would feel awkward paying his wife "rent" as he wont feel like its his house. Which is true it'll be our home but MY house. Our other option is to continue to rent ANYWAY since due to his CS obligations saving his portion of a down payment and carrying his share of a mortgaged home (even a 30 year mortgage) would leave him destitute every month. So if I buy, and pay all the bills related to the home, and he pays me a set amount that increases reasonably with time it's a win- win. IMO you have to pay bills wherever you live anyway so whether he pays it to me or someone else it's still gotta get paid. I just don't see his issue and if I could get some honest feedback I'd greatly appreciate it. 

For me the big deal about the house remaining my separate property is that at the end of my days I'd like to leave my home to my children. If my husband owned the house with me he is entitled to half to dispose of as he sees fit. I just think that it would be unfair for me to carry a greater share of the burden only for him to say that he wants to split his half four ways (to include his other two children) and for me to split "my half between my two" (we plan for two kids small possibility of three kids). IMO he's going to contribute through child support to his existing children more than what my children will receive by virtue of the fact that subsequent children do not affect child support obligations (I'm ok with that). What I'm not ok with is a home that I busted my ass to buy, keep, and maintain then being split to benefit children not my own who have received more numerous benefits than my own due to our CS laws. 

If he'd agree to own our home in a trust that lists our children as beneficiaries that becomes irrevocable at the first spouses passing I'd be a little bit more willing to place his name on the deed... If we divorced I think I'd be able to show that 34% of his income has paid CS for the duration of our marriage while a similar percentage of mine has paid for our home. God forbid the unthinkable (divorce) should happens I believe I'd be awarded the house entirely or almost entirely as NYS is equitable distribution and NOT community property. So the law acknowledges that a portion of his money paid child support (something he was solely responsible for), and counts against him as 'property' when dividing marital assets...  

Comments

Halo_Horns's picture

>>For me the big deal about the house remaining my separate property is that at the end of my days I'd like to leave my home to my children<< Did you tell your bf about this part?
He is still balks then just make sure it is either in the prenup or make it a deal breaker!
You sould like a smart woman! Use your smarts and make sure what YOU want is taken care of. Don't assume the courts will rule in your favor if you dont have any of this established before marriage. Bad divorce rulings happen to good people!

InsistingOnPrenup's picture

@Halo_Horns no I haven't told him why I want him to waive rights to my house because I don't want to come across as evil or uncaring. I'm even willing to leave him a life tenancy should I die first that gives him the right to live in the house so long as he keeps up with the required maintenance etcs.,

Unfreakingreal's picture

In NYS it's 17% for 1 kid 25% for two. If he's paying 34% he's getting screwed. He should look into that.

Unfreakingreal's picture

Hmmm... see now there I am unsure. But I do think that they reduce the percentage because he is already paying for one child. But I won't swear to that. MY DH paid 25% for 2 but they had the same mom. Now since 1 lives with us, he pays 17% for 1.

Unfreakingreal's picture

For a moment there I read "so many fans" I was like huh?!?!? Sorry I'm slow today! This is the ONE time I'm glad my DH only had one crazy bitch in his life. I couldn't have dealt with two!

InsistingOnPrenup's picture

@Unfreakingreal the children have different mothers so it's 17% for one child and THEN 17% for the other child minus the first court order. Plus there's the possibility of prorated childcare, medical care etc,.it's 25% if they are in the same household.

not2sureimsaneanymore's picture

Oh I already do this. DH pays about 1k in rent (I have my own house, he, and sometimes myself, live in a building an LLC I own owns) to the LLC.

He doesn't pay anything else, but this works out good since his household income gets eaten up and Bm can't come after him for extras.

It actually saves him money since if he really went half half with me for everything, the utilities, property taxes on both houses would be a good deal more than 12k a year per person and he'd be in the negative. But if BM tries to push the issue that we're married so everything should be together, I'll lay out the figures for her and see if she wants him to share half of all my expenses with me, which any sane person wouldn't. Especially since it would effectively lower CS.

I would love to see her try.

Willow2010's picture

Honestly… to me…it sounds like you want him to help pay the mortgage and are disguising it as “rent”

I get what you are trying to do…but I would be very offended if DH asked me to help pay a mortgage but not have any right to the house. KWIM?

StickAFork's picture

You want him to make a monthly payment toward the cost of your home, but yet have NO right to any part of the same home?

I wouldn't agree to that... it's a win for you only...and leaves him out in the cold.

Honestly, why marry him? Why not just draw up a lease, month to month tenancy, and boot him out if you get tired of him? Marriage WILL give him rights. Don't make it legal if this is such a big deal to you. :?

Ladies... if this were a woman posting saying her DH wanted her to pay him monthly rent and have NO access to home ownership, what would you say? Would you still say "way to go, DH!" ???

StickAFork's picture

the majority also told her she would be crazy...because it was HIS house and HIS call...

No one responded the way they are here... "That's so smart! What a good plan!" The posters all thought he was trying to keep the upper hand and take advantage of the OP.

InsistingOnPrenup's picture

@Willow2010 could you elaborate what exactly offends you so I could have a better understanding?

StickAFork's picture

I feel as Willow does.

You want him to help make the payment, but be relegated to nothing more than a tenant with ZERO rights.

That seems terribly unfair, and not the best foundation for a long and happy marriage, IMO.

Willow2010's picture

I guess because he is living and paying to live in a house (with his wife) and only the wife will gain from him paying for part of the house. See... You can call it RENT…but he is really helping to pay the mortgage. Right?

InsistingOnPrenup's picture

We pay rent now. He cannot afford to contribute equally or innproprtionnto a mortgage be it 15-30 year because of his CS. So really we'd be in an apt anyway. My money is the deciding factor. If we own this house equally then I am subsidizing hi children indirectly because I am carrying a larger share of the expense. I am no ok with that. Ad he knows this.

Willow2010's picture

I understand...I really do. And it would be great if you were not going to be married. Buuut....

aggravated1's picture

I agree with this.
When DH and I moved in together, I moved in with him and I paid him rent. He already had the mortgage, and I had to pay to live somewhere, right?

After we were married though, it is a different story. Once you start co-mingling assets and debts it becomes a little more serious.

OP, can you give him a set amount that he would agree to as a vested interest in the house?

Willow2010's picture

EDIT to add...I think if a man posted the EXACT same situation, the women on this board would tear him apart.

Disneyfan's picture

Are you trying to run this guy off?

No man or woman in his/her right mind would ever agree to this.

StepX2's picture

I don’t see anything wrong with this idea.
As long as he agrees beforehand I really don’t see what the big deal is.

He would benefit since he would have tenancy until his death if she passes before him, as long as they are still married then. He would have to pay rent somewhere anyway. The children the home would eventually go to would be the couple’s 2 or 3 FUTURE kids. I wouldn’t want to work my butt off and have my Skids benefit.

Willow2010's picture

So what about SAHMs? They can not contribute money so they should get no interest in the house...?

not2sureimsaneanymore's picture

I think this is totally fair too.

I "rent" to him (and yes there is a lease agreement written up) precisely because we don't want these two houses that I put money down and own to ever go to SS unless I see fit to do so in the future, which is unlikely when we have children of our own. DH completely agrees with that, especially since wills can be contested (which, even if I won, would cost me money in legal fees), and in some states, even if he names me as main beneficiary of everything when he passes, if the child is not 18 and his Cs obligation has not ceased, the inheritance would first go to pay that.

Who the freak would want that to happen? Not me, and not him that's for sure. So ultimately, since we both agree that we want everything to go to our children, this is the way that is mostly foolproof. He has the right to use and live in it until he passes, but until we set up a trust (which we do plan to do when we have the time and money), we will do it this way in case, god forbid, anything happens to us.

If we didn't have children, the money I have in my bank account goes to him, he can live in my house, but upon his death it goes to my sister. Hell to the f no would BM ever get her grubby paws on anything of mine. DH said he'd rather burn the houses to the ground if anything like that were to remotely happen.

Willow2010's picture

But my DH does not have ANY vested ownership in my two homes. period. never will.
++++++++++++++++++++++++++++++++++++
I am curious...how does this work...do you have a will stating this?

not2sureimsaneanymore's picture

If she's not in a community state, (I'm not either), as long as there is a prenup, or even if the names on the deeds were only in her's, it should be good enough (unless she passes away without a will.)

See, it's also helpful since if DH's name is not on the deeds, and one day I sold the houses and made money on them (which I am sure to do since one is a fixer upper and the other was a gift), that increase in income cannot be counted in Cs, because he didn't own it in the first place.

So how do you keep something in your name but make sure your DH is paying his fair share? Rent.

not2sureimsaneanymore's picture

A post nup works too. As long as the other spouse agreed to it. A will has no such agreement. I have a prenup, and will probably do a post nup soon, and a will as well. All bases covered, or we damn well will try.

InsistingOnPrenup's picture

@realmcoy I've thought about that and yes he can have the portion of the house that he is capable of paying for we can own as tenants in common and own unequal shares. But keep in mind that this now opens him punt being proportiantely responsible for his portion of the mortgage/insurance/taxes/heating costs/repairs/water/sewer and all the other associated expenses and not just maybe $400-500 per month plus his share of light n gas... Whatever percentage of the total COST he can afford he can own. The problem is he doesn't want that. He wants to own half knowing he doesn't have the ability to contribute anywhere near that amount. 

not2sureimsaneanymore's picture

Wow. That sucks. A man who is not willing to pay but WANTS half may not really love you as much as he thinks he does. I'm sorry, that must be really bad.

I only say this because my DH was adamant that everything goes to me and should stay with me. He never once argued or fought with me on it or even asked for it. He is even the one who came up with many of the way we do things now because he chooses to protect me. He loves me to the point where normal greed, like feeling like a person is entitled to half of something simply through marriage, does not affect him, or if it does, he chooses the higher road.

I think, perhaps you should rethink this. DH knows if he didn't have a kid, I would have been willing to split half with him regardless f death or divorce. But because he has a kid, he refuses to take any for fear it would be misused in the end. That I think, is both honorable and brave.

not2sureimsaneanymore's picture

The point of rent is that you don't own the house. If the owner of a place you are renting passed away, you still do not have any shares of the house. Why is this any different?

A regular rental, regardless of whether or not the mortgage has been paid off (as many have done, since I have tenants covering the cost my mortgage, unrelated to me in any way) does not have the right to the house. Even if they were there "years and years."

InsistingOnPrenup's picture

See I see where everyone is coming from to a certain extent. If BF made 30k and I made 70k and we both had no kids. I would think it reasonable to pay 70% of the bills and have him pay 30% AND split everything equally 50/50 even though I bring home more simply because we are a team. The way it works now we make equal amounts w/ 34% of his incoming legally belonging to his children. As I've stated I'm not bitter about that just realistic. Why should I contribute 100% of my income to our household while he contributes 66%. This is not something I agree with and he knows AND understands. That being said if I should throw my 100% in the communal pot with his 66% (and God know what that actual figure will actually be with extras and all) then I am subsidizing his lifestyle and his children. My income benifiting him and I frees up his money for his children yet he has equal claim to my money. And as for SAHM not having am equal say that's BS Shea home running their household taking care of their child. That benefits the household. Period.

Unfreakingreal's picture

So complicated isn't it? DH and I bought our home together. I pay the mortgage, he pays the utilities, water, electric, oil, (our home has no gas lines) groceries. I pay MY credit cards & car, he pays his credit cards and car. As far as I'm concerned I don't take into account his CS. I pretend that money doesn't exist. It doesn't come into our home, so it does in fact NOT exist. When SD12 is over, if I have more money left over in my check than he does and we want to go out as a family, I pay. If he has more than I do, he pays. I really try not to think about divorce. I prefer to cross that bridge if I ever get there.
I might be naive but this all sounds too complex for a fresh brand spanking new marriage or soon to be marriage.
I'd rent first and see how it goes from there.

StickAFork's picture

Check with an attorney. I believe if you accept/demand money in exchange for him living there, you will negate (or give the opposing counsel solid ground) to dispute your claim should the marriage go south.
Contracts typically have "consideration," meaning basically there has to be something in it for each party.

Write up everything you want, and head to an attorney. See what they say

I know I would never marry into all the agreements you're seeking. It's all a win for you and lose for the other party. This guy isn't a bum...he's a cop, and he works for a living.

not2sureimsaneanymore's picture

She treats him as a renter in terms of finances, which, in a situation with children from a prior relationship, protects her, as it should. The husband and wife relationship does not change.

Quite honestly, I think she's being smart. I did the same thing and hey, that aspect of our lives does not impede upon our husband and wife relationship.

One extra thing, in order to make it even more believable that it was a prior obligation, have him pay rent before you're married. DH began paying rent when he began living there when his prior lease with his mother (he was renting her basement) ran out

See, it seems that it may be contested in a will, but DH's mother has a mortgage that DH helped pay in the form of rent, but it can be willed to anyone, and does not guarantee he gets any share of the house when his mother passes. Not sure why it's different for marital laws.

Willow2010's picture

And as for SAHM not having am equal say that's BS Shea home running their household taking care of their child. That benefits the household. Period.
+++++++++++++++++++++++++++++
So he will not be expected to fix anything on the house, nor will he have to take care of the lawn or do anythign that a husband shoudl do. He will jsut be a renter? If the heater breaks, then he just calls you, (his landlord), to come and fix it with your money? I really, really get what you are saying and agree...if you were not gettign married.

secondplace's picture

That's a great point Willow!

And what happens when his child support obligation ends? I guess he could take the 34% and put it in an investment account for himself!

not2sureimsaneanymore's picture

Yes! When his CS obligation ends (including college), my DH will be able to have everything half with me. That was our thing but it will be all willed to our children. In the case of newwife, she has no children so unfortunately she wouldn't be comfortable doing that.

Can you imagine, if you died and DH died, without kids of your own, your SS inherits it all, and moves his mother in to take care of her?

I'd rolle over in my grave.

InsistingOnPrenup's picture

Just for example at top pay (which we are not at yet yes I have the exact same position) for arguments sake our salary plus a little overtime = $100,000-25k (approximate taxes) =$75,000-17% (child 1) =$62,250-17% (child 2) separate mother= $51,668 divide that by 26 (pay periods per year)= $1,987 now factor in mortgage/home insurance/ taxes/ light/ gas/ heat/ water/ sewer/ his car insurance/ commuting expenses/ his car maintenance/ his cell phone/ his personal saving/ his retirement accts etc and NY is very expensive. Also in NYS child support can be MORE than 17% especially with young children. It can include the cost of child care, and medical coverage (he carries them). And these are just of the top of my head. He cannot afford to pay a proportionate share of our household bills DUE SOLELY TO CS. why should he own an equal portion?

Unfreakingreal's picture

Because he is your husband and you love him? Hear me out.
When we first bought our home together I was a mess. All I thought about was "What if we break up? Will he want to take half?" I felt that since I paid the mortgage in full he should own no stake. We've been in the home 9 years. He mows the lawn, he does odd jobs around the house, we BOTH work hard on our home. I've kinda let go of the "fear" of having to share my home with HIS kids if something went wrong. I leave it in God's hands.
What makes my situation a little different is that I own property in the Caribbean that DH has no stake in. So maybe that's why I'm so whatever with the house here.
From your calculations above it seems you will have about 4k a month between the BOTH of you? If that is the case, I suggest renting. Nowhere in NYC will you be able to own anything worth living in with 4k a month in income.
Unless, you do what DH and I did and move to the sticks and commute to NYC for work.

not2sureimsaneanymore's picture

Unfortunately that is true. 4k a month is nowhere near possible for it to own anything and still have enough left over. Property taxes are also insane. We need about 2500 per month for both property tax and the mortgage on the building that has not been paid, AND I put down half of the total for the down payment and I'm in LI.

Ultimately, I think it is not about who it goes to after her death, it is about who it goes to after her spouses death. DH and I looked at is as we both want for it to be untouched by SS and BM because both buildings are mine and we definitely want it to go to our children. So it's not about if he gets it, it's about how to protect our children's assets. We all die one day, so it's not like he would keep it permanently. If that was the case then sure, he can have half. Unfortunately, he can die, and that is where the crux of it lies--who we want it to go to after his death.

This is the most clear cut, uncontested way to do it.

not2sureimsaneanymore's picture

Also, as I mentioned before, would you want, if the house was sold in the future, whatever gains which are looked at as income, to be taken away by CS?

That was one of our main areas of concern too. So we decided no, we don't, and so it is in my name. If it got sold, it is on my honor to give him a portion of it in some other way that is not tangible.

InsistingOnPrenup's picture

@snickersgal never married to either BM so basically state law would apply (as opposed to a divorce decree). I dot think so but who knows.

InsistingOnPrenup's picture

@Unfreakingreal that is exactly the plan. NYC police officers can live in Suffolk Westchester, Orange, Rockland, Nasaau and Putnam and in addition to the overpriced 5 Boros. I'm currently looking in orange and Rockland. And my point is marriage is a business. Yes love is apart of it but let's be real it's still a business.

Unfreakingreal's picture

You might be able to find something in the mid 300s in Orange. Take into account the tolls and gasoline. We moved to NJ and our property taxes alone are 10k. They were 6800 when we first purchased. Make sure you do ALL the math. I hear you with the business aspect of marriage. I wish you much luck in whatever you decide to do.

godess-clueless's picture

You are young so many unforseen things can happen. Situations change and no matter how well you may think you have planned and covered your bases, the unexpected happens. For now you have no children. He is not in a position to get a loan in his name to cover half the mortgage and he is not in a position to cover half the financing expenses and down payment.

IMHO marriage is a two part contract. There is the emotional /love part and there is a business part of the partnership. I will address the business part. He is not in a position to partner with you on this investmaent due to his lack of funds and other obligations. If he were a partner with his name on the title consider how he handles finances. There would now be something of value to take or attach liens to.
Be aware and know the title is survivorship if he ever is on the title. Back this up with a will that leaves everything to you. Otherwise should he die , you would not be the first widow to find out that the house you paid for was now owned in part by his next of kin [his children] Will you be prepared to write them a check for their amount so you can keep your home?

He does have to live somewhere. What type of housing could you afford if the two of you were renting? Even with different amounts from each of you towards rent, there would still be an amount you would find to be your limit. Consider that contributing "rent" still will most likely put him in better living conditions then renting from a landlord.

Sharing a living space you own for now does not even compare to being a renter. I am a landlord. My renters are renting because they are not in a financial position to buy their own home. As renters they do not get the 'we" rights of making many of the choices in their household. I make the decisions for them as to if they will have pets. I decide what their rent will cost. I decide if friends can stay over more than 2 weeks. I decide they can not move that extra person into their household. Don't pay the rent, I decide their fate. With you he is far from a renter. Both of you are making decisions that real renters get no option of making.

The situations change over time as the marriage goes on. For now it may be wise to keep him off the title. This does not mean there will never be a time for him to be added. Just that at this time it may not be a wise thing to do.

StickAFork's picture

^^This.

OP, I don't think you are prepared for the partnership that is required for a successful marriage...based on this and other blogs. You want to detail EVERYTHING down to the nitty gritty, and it just plain doesn't sound like you're ready for marriage... What about marriage appeals to you?

InsistingOnPrenup's picture

@kaybitesback a SAHM moms for children bornn of the marriage is fulfilling her role as a a wife and mother. You two decided that the division of labor was that he works and you stay home. This benefits him as well. Now if the kids you were staying home, and taking care of was not his and he comes home to a filthy house and uncookled dinner I'd say that you're not holding up your end of the bargain. Otherwise you're entitled to your half. Apples and oranges.

InsistingOnPrenup's picture

@stickafork the sense of permanence. The longing to belong to one person and and have that person belong to me. The thought of sharing my life with ONE person, and looking over in our old age and reflecting on our life. Sharing those 'knowing' laughs. I want to have children with this man im describing. This is the main reason. I do not want to coparent. I want to PARENT with my spouse. I want to have the family I didn't have as I was raised by a single mom with a father that was very loving and involved although he lived across the country. I want to build a legacy that I can leave to the next generation of mini-me and mini-hims. I want to build family traditions that carry on for generations. I want to contribute no matter how small to the bigger thread of our community... Sounds corny right?

StickAFork's picture

Not at all...it sounds like marriage. It just seems like you are avoiding the emotional nature of marriage by making it all business.

It's like saying you want to have sex to make a baby, and your time will cost $X per hour, per session. If he doesn't knock you up in the first 5 tries, there's a penalty payment due. Smile

I think you're going way over the top with your desire for a prenup. I happen to think your SO would be a fool to marry you under your conditions.
At some point, you'll need to choose to be his partner, walking through life together, instead of people who write receipts to each other.

InsistingOnPrenup's picture

@ImaSmom if your friend was injured on the job in such a way that prevented him from doing his job then he should have retired three quarters. When officers are injured on the job in such a capacity that they may no longer fulfill their job they are released frim active duty and paid 75% of their normal pay TAX FREE. In regards to being disabled off the job I would take care of my husband and my BF KNOWS this. He'd also collect disability and guess what CS would garnish 17%. Definitely not the 17% BM's are used to but it's 17% nonetheless. That's the standard of living dad lives at. However his children would be on their own beyond that. They'd essentially have one working parent just like our (future) kids together. Why should I take care of his kids when I have my own? Hell even if I don't have my own. THEY HAVE A MOTHER- No? just like my kids have a mother. Me! I will take care of my husband to the best of my ability. But not his prior existing obligation that's where I draw the line. I'm regards to his kids getting sick we have insurance I'd it's something outside his insurance we'd buckle down and figure it out that is a different circumstance altogether. 

InsistingOnPrenup's picture

@OldDart I don't seek to exclude the kids however both BM's would rather I do nothing for their kids and I am happy to oblige. I think it's fair for him to split his assets four ways upon his death. However I don't think he should leave my assets to his kids equally. The home I'm planning to buy will always be more mine and I want my children to benefit from that. Honestly if I could be CERTAIN the portion of the house I paid for would go to my heirs I wouldn't mind him being on the deed. I do however feel some sorta way that I'll sacristy so much and my children will not benefit. If I owned 80% of the home and he owned 20% I'd be fine leaving my 80% equally between my children an him bequeathing his equally between his children. I also have large life insurance policies and various savings and retirement accounts that we've both agreed we'll leave equally to our children. Of course we'll ensure each other is adequately provided for in old age but essentially we will pass our legacy to our heirs.

InsistingOnPrenup's picture

@YANKEE GIRLl I think I read somewhere that (in NYS) if a married parents inability to pay would cause the SKIDS to need govt assitance then a stepparents could be forced to pay CS. Trust me I've thought about it... I mean really how many stepmoms here want to pay for their non-custodial stepkids. Don't all volunteer at once.

InsistingOnPrenup's picture

@Geraldine that's not fair though because myself and my (future) children will have to sacrifice so much at the expense of his CS to his first two kids... I say that we own shares equal to what we have contributed that we may do with as we wish. I can live with that. Hopefully my portion can be placed in a trust...

InsistingOnPrenup's picture

@YANKEE GIRL she should have filed injured spouse. The injured spouse should have been filed at the same time as her taxes this flags the return so that the IRS separates it in two and returns the portion that slings to the stepparent. This is generally used only if a NCO falls into arrears past a certain amount. Should that happen married filing separately is the way to go. The few deductions that's lost filing this way surely makes up for protecting your tax returns... That's your portion. Step parent is entitled to there portion. Your friend could have gotten the money back by filing the injured spouse form the money is held and the NCP is notified prior to the distributions of the funds to the CP.

InsistingOnPrenup's picture

Ok so after listening to much of what was said yesterday (re: spouse paying spouse rent). I've suggested to my BF that he can own a share of the future home from the date of marriage equal to what he can afford to contribute. Instead of owning our home as joint tenants with rights of survivorship as most married people do (essentially either party owns the entire property upon the death of the first spouse) we can own it as "tenants in common". I own my share he owns his definitely not a 50/50 split. He doesn't seem too happy with that as he said he'll have way less to contribute because he will always have more children, and more responsibilities than myself. Upon either death each spouses estate remains their separate estate to distribute as they see fit. I'll gladly leave him a life tenancy though I wouldn't foresee our future kids forcing their own father out of his home (though stranger things have happened) and would accept the same from him. 

I've given this much thought as to why this matters so much to me and the truth of it all is that my children and I will sacrifice much (I say this because 34% of dads income goes outside our home and therefore more of my income pays for our home to make up for that) due to BF paying his legally obligated child support for the next 18-20 years as SKIDS are 3 and 1 respectively. In NYS CS currently continues through the age of 21. I will for the better part of 20 years carry our household. The only reason that is not the case now is 1) I'm not having it being just a GF and 2) we live someplace where we can BOTH afford the rent. I would like my OWN children to benefit from my hard work the bulk of that will be in our home, If something were to happen to me I need to be sure that this is seen through. (he and I have already agreed that our savings and retirements including contributions made after marriage will be kept separate and he acknowledges due to his prior obligations that there will likely be a disparity in accumulations our home is just an extension of that) I've also considered that the house can be in our name but held in a trust that benefits the children born of our marriage irrevocable upon the first spouses passing. One never knows how soon or far that is. But I still worry about what would happen if God forbid we were to divorce what if a judge doesn't acknowledge that I contributed more to our life and divides things equally? Hence the reason for the insistence on a prenup. As OP stated in response in my last blog his track record of two kids not too far apart by two diff women gives me much concerns as he was in a very casual friends with benefits type relationship w/ BM 1 and a hit it and quit relationship with BM 2. Neither should have resulted in a child especially the child of BM 2. It leaves me to wonder, and yes worry about our future. There are also other practical things to worry about that were pointed out by other posters. If we were to sell our home and capital gains were made does he owe 17%x2 on his half of the home although he didn't actually contribute to "his half". If he were to fall behind and arrears accrued could a lien be attached on his portion of our home. Again would that be his undeserved half or his contributed to 20% what a difference that could and would make. The difference between his half or his 20% would be him bequeathing 50% of our home to 4 kids or his 20% to 4 kids. Why should he dilute my hard earnings to kids I didn't produce, and therefore am not responsible for?

Another posted stated that my hard financial stance would leave SAHM moms out. I should point out that I addressed that in a previous blog entitled and I will copy and post a portion: "IMO when a man and woman determine he will work and she will stay home, and rear the children/run the house they have a division of labor that is understood to benefit all of them. Even though he makes the bacon and she fries it they both own it all 50/50. IMO opinion that's what divorce laws were REALLY meant to protect." HERE IMO IS AN IMPORTNAT DISTINCTION IN STEP/BLENDED FAMILIES AND WHAT I BASED THE PREMISE OF MY PREVIOUS POST ON SPOUSE PAYING SPOUSE RENT "Such is not true in step/blended families. He is obligated to provide part of that bacon to his previous children which does not benefit your family/household. And you staying home may not be 100% benefit to the family/household. Lets be real step mom staying home caring for children from a previous relationship isn't doing your new husband/family/household any favors. It benefits your previous family the way CS benefits his. On another note step mom isn't obligated to care for his previous children. Although he may expect you to do so as part of your contribution and SAHM/W duties."

My BF paying CS does not benefit his current family the way a SAHM/W staying home with another mans kids or me wanting to own my home independently of him doesn't benifited him. Plenty of things in step/ blended family aren't fair they just are and we learn to live with them. 

Another poster said since you own your home independently of your husband that doesn't benefit him just you- I suppose you'll never expect him to make repairs, or mow the lawn. My answer to that is do any of your husbands expect you to things for SKIDS that in no way befits SMOM? Cook, babysit, clean up... Oh ok then.