4 ms·

Do prenups work? My understanding is that many states effectively void them (including California).

by tmpz22 6y ago

bradenb 6y ago
Not sure. I’m no expert. I guess this is part of your pre-marriage research that you should be doing. And of course a frank discussion with your soon-to-be spouse about expectations is a good idea.
itake 6y ago
I’m not a lawyer, but as I understand it, prenups protect premarital assets (like your childhood pet or a necklace your grandma gave you), but would not protect you from income that was generated during the marriage, like if you started and sold a company. There are special exemptions on inheritances that happen during the marriage, but you have to be careful with commingling assets and it depends state to state. Like if you provide the down payment, but split the mortgage, the house is 50/50 owned
- 01100011 6y ago
  This is not correct AFAIK. Prenups protect what you decide they protect, assuming they are created in a legally binding manner. In California and many states, inheritance and gifts are always sole property of the recipient and not considered community property. My ex was gifted property from a relative during the marriage(so they could illegally claim state benefits, but that's another story), and it was not even on the table during the divorce. In CA, if you provided the down payment on the mortgage with non-community money and then used community money to pay th mortgage, you could ask for the non-community down payment back and get 50% of the community interest in the home after that.
gamblor956 6y ago
My understanding is that many states effectively void them (including California). This is false. Courts generally uphold prenups. You only hear about the times they don't because that's news. See, for example, the McCourt divorce (upholding a postnup).
01100011 6y ago
Talk to a lawyer. AFAIK they work. They require both parties to have their own legal counsel. If you have one lawyer act as counsel for both parties you are risking the prenup being tossed.
cklaus 6y ago
They work if done properly. Get a good family law attorneys who specializes in prenups.

Do prenups work? My understanding is that many states effectively void them (including California).

by tmpz22 6y ago

Do prenups work? My understanding is that many states effectively void them (including California).

Not sure. I’m no expert. I guess this is part of your pre-marriage research that you should be doing. And of course a frank discussion with your soon-to-be spouse about expectations is a good idea.

itake 6y ago

I’m not a lawyer, but as I understand it, prenups protect premarital assets (like your childhood pet or a necklace your grandma gave you), but would not protect you from income that was generated during the marriage, like if you started and sold a company. There are special exemptions on inheritances that happen during the marriage, but you have to be careful with commingling assets and it depends state to state. Like if you provide the down payment, but split the mortgage, the house is 50/50 owned

01100011 6y ago
This is not correct AFAIK. Prenups protect what you decide they protect, assuming they are created in a legally binding manner. In California and many states, inheritance and gifts are always sole property of the recipient and not considered community property. My ex was gifted property from a relative during the marriage(so they could illegally claim state benefits, but that's another story), and it was not even on the table during the divorce. In CA, if you provided the down payment on the mortgage with non-community money and then used community money to pay th mortgage, you could ask for the non-community down payment back and get 50% of the community interest in the home after that.

gamblor956 6y ago

My understanding is that many states effectively void them (including California). This is false. Courts generally uphold prenups. You only hear about the times they don't because that's news. See, for example, the McCourt divorce (upholding a postnup).

01100011 6y ago

Talk to a lawyer. AFAIK they work. They require both parties to have their own legal counsel. If you have one lawyer act as counsel for both parties you are risking the prenup being tossed.

cklaus 6y ago

They work if done properly. Get a good family law attorneys who specializes in prenups.