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Do I need a prenup if I purchased my home before I am married and I want to keep it just mine if we should divorce?

1 Answers. Asked on Jun 28th, 2017 on Real Estate - California
More details to this question:
I own my own home and am getting married I want to protect my investment and not have my further husband have any legal or financial ties to the home itself if we should divorce.
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Answered on Jul 05th, 2017 at 10:19 AM

Technically, the law says that what you own before the marriage stays yours, and that no interest in your separate property cannot be converted to community property or his separate property except with a writing signed by you. However, to the extent that community property or his own separate property is used to improve the house or pay for its expenses, he is entitled to reimbursement for his share.

A prenuptial agreement could specify what expenses he is expected to pay or might pay, and establish a rental value for the share of the house he will be using, and offset it against whatever he contributest ot he expenses of the house, making it very clear that he does not get anything from you for the house.

There are statutes and cases which have imposed rules on how to enter into a prenuptial agreement. Both sides must have separate lawyers. The final version must be in both sides' hands for at least a specified number of days before it is signed and before the wedding. Any last minute change resets the clock for that timing. So if you don't want to risk having to reschedule the wedding, you want to get this started way in advance and completed before any dropdead dates on your reservations.

If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.

Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.

Dana Sack




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