Legal Question in Real Estate Law in California

Question regarding legal matter & first home with husband

My husband and I are buying our first home and have a child together already, plus one from prev. relationship. My husband wants to draw up papers stating if we get divorced down the line he gets the House. He claims it is to protect what he has worked hard for. Is this possible to do after we've already been married for 3 yrs? And how can I protect myself and children?


Asked on 1/15/09, 5:55 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Question regarding legal matter & first home with husband

By getting the help of an experienced attorney, since what he is trying to do is improper.

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Answered on 1/16/09, 2:33 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Question regarding legal matter & first home with husband

Yes, you can do this, and make an agreement about what is to remain separate property and not become community property. However, for it to have effect, a lawyer should do it. You should have a lawyer protecting your interests in this matter also - perhaps agree to what you get in the event of divorce at the same time. You should at least speak to a lawyer to get an understanding of this area of law. I would be happy to talk to you if you want to give me a call or drop me an email.

Best,

Daniel

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Answered on 1/15/09, 11:30 pm


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