Legal Question in Family Law in California

I reside in California and have been married 1 year. I have a home that I purchased prior to my marriage that I don't want my husband to have any claim to in the event of a divorce, and he has agreed to this. If I do a post Nuptual agreement will this be covered in it or do I have to do something else?

Asked on 5/16/13, 4:36 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You can do a postnup, but you have to do it right. The important thing for you to know is that even though property can start out with a separate property character going into a marriage, the community can acquire an interest. For example, if mortgage payments are made with the parties earnings, then the community obtains an interest in the real property to the extent that the principal is reduced. This can create problems down the road.

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Answered on 6/13/13, 6:21 pm


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