Q: What chance is there that assets would be ruled community property with a prenuptial agreement?
I have been advised by a Fresno real estate attorney not to pursue divorce because a judge might disregard my prenuptial agreement and decide assets are community property? How great is this possibility?
We have a prenuptial that states in our case any property that comes after marriage is separate and that claims to community property are relinquished.
Properties we own are in our separate trusts. There has been no commingling of accounts. Taxes were filed separately. Two properties are owned $25% and 75% as trustees in common and tenants in common. My husband does not want a divorce. Will the prenuptial protect my separate assets? I understand because only I want to sell the 75% 25% property held as "trustees in common" it requires partition to sell and it can only be sold by divorce. These properties are at the root of our problem and the marriage might surviv
A: California Family Code Sections 1612 & 1615 control prenuptial agreements. Both parties having an attorney during the creation and execution of the premarital agreement is very important. More facts are required to provide a thorough analysis, and you should hire a local family law attorney to review and advise on the prenuptial agreement. Obtaining a thorough answer on the online post would not be appropriate since so much is on the line, and the agreement needs to be reviewed very closely. The family law attorney should also consult with the real estate attorney for further analysis.
A:
The prenuptial agreement should be reviewed and the facts of your case discussed with an attorney such as myself. See: http://www.aeesq.com/divorce-attorney/community-property-2/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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