I am seriously considering getting married again. I am the wealthy one and I thought about prenuptial agreement lately. But my boyfriend doesn't feel comfortable with it, because he believes that he would never leave me first. He also said, if the marriage fails because of his fault, he would give all his assets to me; but if I am the one who brings up divorce then I should give him some of my assets. He believes by doing this, we both would seriously try our best to keep the marriage work and grow old together. I could not argue with him, and I thought there is some truth in what he said, although back in my head I am still a little worried.
My question: will my assets before this marriage be protected JUST IN CASE the marriage falls if we don’t have pre-nuptial agreement? I remember one friend told me that, by default, California law states that the assets before marriage is not community assets, which means the other spouse is not entitled to it even without prenup. Is this true
2007-02-06 14:58:41 · 8 answers · asked by lily_laus 1 in Family & Relationships ➔ Marriage & Divorce
You have brought up some very valid questions, I live in California, too. Contact an attorney, just to find out the laws regarding your assets. California is a community property state, and we hear about wealthy people having to give up their assets all the time.
I understand his not being comfortable with it, but at the same time you have to protect yourself. Do you have enough to split if you split? Get some legal advice, and hopefully your friend is right about prior assets not being community property.
Good Luck
2007-02-06 15:12:21 · answer #1 · answered by Proud to be 59 7 · 0⤊ 0⤋
The easiest way to do it is NOT to share a common bank account, ie, no COMINGLING of funds. If you have children, set up a trust fund thru a lawyer or bank so a fixed amount is set aside for them already. Or keep whatever amount you want to protect totally separate and never mix it. If you really decided to have a common account, put only a "safe" amount in so that that account becomes "common property". Set up a will with a lawyer ahead of time what you want to do with your private money.
Pay attention to the will Or think of the consequences of not having one in the event you ascends to heavens.
Spend what you don't mind sharing. Don't agree to co-sign loans or anything that, in the worst scenario, you end up holding the bag. Similarly, don't move funds out of the common account to your private accounts as he can say you move his money to your private use.
If you let him stay in the house and that is not yet fully paid for, don't let him pay the mortgage if at all possible because that is comingling funds. You can nicely tell him if he wishes, pay for the expenses such as electricity. Have mortgage come out of your private accounts automatically.
Have your own accountant handle those private accounts and have clear documents, including filing taxes. In short, if you have to have common accounts, limit them so the damage is capped. File your taxes as married but filed separately and say your account has been handling your accounts and it is better to remain that way. Then he doesn't know where your financial assets are.
2007-02-06 15:58:27 · answer #2 · answered by Sir Richard 5 · 0⤊ 0⤋
You need to talk to a lawyer. It is VERY EASY for assets that you view as "separate" and "pre-marital" to become mixed up with "marital" assets and all of the sudden property that you thought was 100% yours has to be shared.
You should be able to ease his mind with a prenup that is designed to be fair to both parties. Maybe you can even include a clause that says "if he files for divorce he has to give us X amount of separate property, if she files for divorce she has to give up X amount of separate property."
It is very easy to argue against a prenup saying that "if you loved/trusted/believed in me you wouldn't get one. However the reverse is also true. If he wanted the best for you, if he wanted to make sure that you were always protected and taken care of, if he wanted to make sure that even if things don't work out you c ome out well - he would support getting a prenup.
Good luck.
2007-02-06 15:43:24 · answer #3 · answered by CV 3 · 0⤊ 0⤋
This is serious. You should call a divorce lawyer and ask. Most lawyers will meet with you or answer questions on the phone with out charging. When it comes down to it, you have got to trust your gut instinct. Don't change your mind just because your boyfriend doesn't agree. Good Luck
2007-02-06 15:12:45 · answer #4 · answered by You Don't Know Me! 4 · 0⤊ 0⤋
talk to a lawyer that deals in family law - they should help you with.
my apology. i am from Canada so i don't know your state laws.
i know here in Canada, if separation regardless of who's assets, get split in half. unless there is a pre-nup. agreement before hand then agreement stands
2007-02-06 15:12:25 · answer #5 · answered by manblind1969 2 · 0⤊ 0⤋
This is only semi true. IF you co-mingle your funds you set yourself up to loose half. If you guys agree that if its your fault you pay and if its his fault you dont pay let that be your prenup. You need to cover yourself.
2007-02-06 15:05:52 · answer #6 · answered by L G 2 · 0⤊ 0⤋
you had better worry and worry alot!!! protect yourself! don't talk to a freind or to us talk to a lawyer AT ONCE!!!
all is fine now but come a breakup you could be in serious trouble!
2007-02-06 15:32:34 · answer #7 · answered by KRIS 7 · 0⤊ 0⤋
People!!! If you think your marriage is going to fail, you should not get married!!!!!!
2007-02-06 15:35:29 · answer #8 · answered by His Angel 4 · 0⤊ 0⤋