Prenuptual Agreements in California

My mother in law is planning on marrying a man with no job. She, on the other hand, is acquiring a large amount of cash from the sale of her home. They are planning on getting a prenuptual agreement, and we live in California. Will that hold up WHEN they get divorced? If that money goes into a joint account is it now both of theirs?
Help!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dkleinp:
[b]My mother in law is planning on marrying a man with no job. She, on the other hand, is acquiring a large amount of cash from the sale of her home. They are planning on getting a prenuptual agreement, and we live in California. Will that hold up WHEN they get divorced? If that money goes into a joint account is it now both of theirs?
Help![/b]<HR></BLOCKQUOTE>

Hi, I am sorry this got pushed a few pges back and IAAL didnt see it. He would be the one that would know the answers to this off the top of his head. Here is a weblink that you can go to that is dealing with CA premarital contracts: [url="http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=01001-02000&file=1610-1617"]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=01001-02000&file=1610-1617[/url]

Hope this can be of assistance until he answers for you.

[I AM ALWAYS LIABLE]

My response:

This is an excellent question, and that was a terrific answer - - that LadyBlue pointed you to the laws concerning prenuptuals in California.

The only thing I can add is that your mother had better keep that money in a separate account, and in her name only. Otherwise, if she commingles those funds with those of marital funds, a court could, and probably would, consider those funds as a "gift" to the marriage. Then, as such, that money would be divisible under the Community Propery laws of California.

LadyBlu, I'm very proud of you. You're doing exceptionally well. In fact, I'M ENJOYING READING YOUR POSTS, AND I PRACTICE FAMILY LAW !! I've got to say, it just jazzes the heck out of me to see someone, like yourself, take such an interest in the law . . . and not only that, be right-on with it. You have a wonderful grasp of concepts and theory. I really believe you're a wonderful addition to this Board.

I think I'm falling in love (But, I'm just talkin' here - - Always Searching is the love of my life and she's my sweetheart).

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited October 27, 2000).]

Ohhh myyyy... *blushing and heart fluttering*
Thank You IAAL, I am really overwhelmed by that compliment... especially coming from a Professor of Law...
My head is swelling now, so be careful..

I actually love the law, being an aries I get bored with routine mundane tasks, and to me the law is an ever changing life of its own. Seeing and reading how the laws are different in each state (well some) and how they affect people is amazing to me. Plus I love doing research and reading..

This question that the poster had though, I wasnt sure if the Community Property laws were the same in CA as they are here in TX. I know that here any property, monetary or otherwise that is brought into the marriage and used in that marriage then becomes community property. But with CA having all the high $$ divorces and people needing to protect their assets I wasnt sure how the prenup agreement would effect the property prior to marriage.

*S* but now I do, and it is the same.. as long as it remains in the name of the original party it doesnt become marital property.

Thank You again..

[I AM ALWAYS LIABLE]

My response:

Well, my little blonde "wonderment", kudos where kudos are deserved. You may not know all the buzzwords, but you know what? With a brain like yours, you really should consider, at the very least, looking into a paralegal program. You would do famously well because you apparently have a love for the subject matter.

Insofar as Community Funds are concerned, all interest on those funds are likewise "separate property" while the interest stays in the bank - - however, all funds she removes and uses during the marriage, and uses for the marriage, become marital funds, and the "things" she buys with that money - - if it is used by the marital partners or is for the advancement of the marriage - - becomes marital property.

For example, if she takes a sum of money and buys a car that is used by both of them, then the car becomes marital property and subject to Community Property division - - even though the Title is only in her name.

So, our writer needs to be extremely careful with her money and it's "intent" when she spends that money. Otherwise, she risks having that money, or the things bought with that money, considered to be a gift to the marriage. In other words, she better have this matter sewed up tight in her Prenuputal Agreement.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
[b]LadyBlu, I'm very proud of you. You're doing exceptionally well. [/b]<HR></BLOCKQUOTE>

The Beagle mirrors that.. and for allowing him to read more than he needs to type..

Thank You LB, and I was so flabbergasted last night my mind went blank, *Blonde Moment* and I want to say that You guys and gals with all the legal expertise are excellent teachers also. I am as Always put it in one of her posts, a sponge, soaking up the knowledge of all of your words also.
For that I thank you all. (for the FREE education).

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
[b]
For that I thank you all. (for the FREE education).[/b]<HR></BLOCKQUOTE>

Remember, the education is free.. the comedy is charged at $300/hr .. so you currently owe IAAL $5.34 and you owe me $7,200 !

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] Remember, the education is free.. the comedy is charged at $300/hr .. so you currently owe IAAL $5.34 and you owe me $7,200 !

[/b]<HR></BLOCKQUOTE>

*S* ummmm is there a payment plan you can fix me up with?? *S* or better yet, I'll pay ya when the ex pays me the 15 grand he owes me... hope you arent holding your breath for it.. lol

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
[b] *S* ummmm is there a payment plan you can fix me up with?? *S* [/b]<HR></BLOCKQUOTE>

Your a women, your blonde and we are in America.. of course there is a payment plan I can bind you to