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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> pre nuptial
Mar 06
2009

DadsDivorce Live: PreMarital Property Discussed

Posted by Rick Ortiz in video , Richard Coffee , property issues , pre nuptial , Dan Cuneo , DadsDivorce Live

Preserving your pre-marital property requires meticulous record-keeping and accounting. 
 
Cordell & Cordell, PC. attorneys Dan Cuneo and Richard Coffee discuss Pre-Marital Property preservation after divorce.
 
The discussion includes the Uniform Pre-Marital Agreement Act and information about how to draw up a properly enforceable Pre-Marital Agreement. 
 
Read Mr. Coffee's original article around which this discussion of pre-marital property is centered.  Then, watch the video discussion after the jump.
Oct 20
2008

Cache Counsel: Prenups

Posted by Rick Ortiz in video , pre-nuptial , pre nuptial , marriage , marital property , Maintenance , Cache Counsel , alimony

by Joseph Cordell, JD, CPA, LL.M

 Joseph Cordell lays out the fundamentals of Estate Planning, with fresh tips that will help you plan for the future. In this episode you will learn about using a prenuptial agreement in an effort to protect your assets.  From our video series, Cache Counsel: Executive Asset Protection. 45 minutes. Click "Read More" to see the video.


Nov 29
1999

Ask a Lawyer: Protecting Assets Held Before Marriage

Posted by Dads Divorce in pre nuptial , Legal Strategy , equity , CA , assets , Ask A Lawyer

Question:

I realize the quick answer is pre-nup. However, I am curious what the law states and how to protect my assets. My girlfriend (soon to be wife) just moved in to my house that I have $400k in equity in and own as a single man. I'm assuming that in the event of a divorce, what was held before marriage (the equity), remains mine - usually. My question is, if I sell the house as a single man and use that equity to purchase a new home with her as husband and wife, would that $400k that I contributed as a down payment now be considered as joint property? Or would it still be considered "mine" in the division of previously held assets? Thanks for your time in this matter, Mark

Answer:

I must advise that I am not licensed in California. Since the laws regarding property division vary from state to state then you should also consult an attorney in California. Some states will throw all assets into the marital pot at the time of a divorce. Meaning that even assets you own prior to marriage will be considered marital property. However, the court may consider the value of the pre marital assets when dividing the estate. Meaning you could receive $400,000 more of the marital estate. However, there is no guarantee. The more you commingle the pre marital property the less likely it will be set aside. In order protect your premarital assets I recommend entering a pre nuptial agreement.
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