QUESTION
Purchased properties before marriage. Do I still need a prenuptial agreement?
Asked on Apr 25th, 2014 on Divorce - California
More details to this question:
I am getting married soon, in the state of CA. I bought one of my homes 4 years ago (still paying mortgage payments), and another one 1.5 years ago (also making mortgage payments. We live in this one). After we get married, everything that is acquired during our hopefully forever lasting marriage will and should be ours together. BUT, I would like to make sure that if life leads us in the wrong direction, my two properties, and my separate bank account remain mine only. Do I need a prenuptial agreement to protect those properties, or am I good since I owned them before marriage? Would it be safer if I paid off at least one of the mortgages before the marriage? Thank You for your time.
1 ANSWER
2 Awards
It would definitely be wise in your situation to get a pre-numptial agreement, especially given the fact that you own real estate and are still paying off the mortgages. Without a pre-nump the presumption will be that your future spouse has an interest in the properties (assuming that the mortgages are being paid with community funds).
Thanks,
Jon
Answered on Apr 26th, 2014 at 7:23 PM