What document can my husband sign waiving all rights to my finances?
Full Question:
Answer:
The answer depends on the type of property involved and the nature of its ownership. For example, when real property is owned by spouses as joint tenants, a deed may transfer the property into the name of one spouse only. Joint accounts may be transferred into the name of only one spouse, or a trust may be established to transfer ownership of the property to a trust. However, if the parties later divorce, it is possible that a court could award some of the property to the other spouse under principles of equitable distribution. North Carolina is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. While the trial court's discretion will not be disturbed on appeal without a showing of clear abuse, the court will consider the following factors:
1. The income, property, and liabilities of the parties;
2. Any obligation for support from a previous marriage;
3. The duration of the marriage and the age, physical and mental health of the parties;
4. The needs of the custodial parent;
5. The expectation of pension, retirement or other deferred compensation rights that are not marital property;
6. The contribution to the decation or earning potential of the other spouse; and,
7. Any other factor the court deems just and proper.
A postnuptial agreement is a written contract created by two people after they are married. The agreement typically lists all of the couple's property, including assets, liabilities, income and expectations of gifts and inheritances, as well as their post-marital debts. A postnuptial agreement specifies how post-marital property, as well as the appreciation, gains, income, rentals, dividends and proceeds of such property, should be distributed in the event of death, separation or divorce. It will generally be upheld by the court if it was entered into knowingly, freely, and fairly. It may be invalidated if dishonesty, fraud, coercion, or duress is involved. The spouses should disclose their assets and debts in writing and have the opportunity to consult an independent attorney.
A free trader agreement may be used between spouses to agree that neither will create any obligation in the name of or against the other, nor secure or attempt to secure any credit upon or in connection with the other, or in his or her name. Each party agrees to promptly pay all debts and discharge all financial obligations which he or she may incur for himself or herself, and shall indemnify the other against any and all debts and other obligations which he or she may incur.
