QUESTION

How to protect assets after being married

Asked on Aug 03rd, 2015 on Divorce - Arizona
More details to this question:
I am being given a large gift from my aunt. I would like to make sure that if my husband and I should divorce that he is not entitled to any of the funds. Is there something I can have him sign to protect me?
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1 ANSWER

What is most important is what is done with the funds.  They should be put in a sole and separate account/investment that is only in your name.  If, at any time, you put Husband's name on the account/investment, it is likely that you just made a gift to the community of that account/investment.  The account/investment should be one opened just for the inheritance to you.  There should be no commingling to make clear that the inheritance funds have remained your inheritance funds.   If you did want to use some of these funds for a joint venture such as buying a car or house that will be jointly titled, you will want to have a clear, written agreement signed by both and notarized that states these funds remain your sole and separate funds.  Depending on the use of the funds, the following may be helpful to confirming these remain sole and separate:  a disclaimer deed; a post nuptial agreement; or the way a property is titled.  If you want assurance he cannot reach the funds, you should have an attorney review the paperwork.     
Answered on Aug 03rd, 2015 at 4:44 PM

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