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Prenup

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tanja53

Member
What is the name of your state? CA


My fiance and I are talking about getting married.
It will be his second and my third.
We both want prenup .
And we want that everything that we bring into the marriage, get during the marriage is private property. And will never be included into a divorce.
And one day I will get money from my mom when dies. She has however written in her will that what I get is mine and not to share in a marriage.This is in a will from my birth country and I want to make sure it is leagal here.
Would all this above work or would we still have to split everything in two?
 


nextwife

Senior Member
What is the name of your state? CA


My fiance and I are talking about getting married.
It will be his second and my third.
We both want prenup .
And we want that everything that we bring into the marriage, get during the marriage is private property. And will never be included into a divorce.
And one day I will get money from my mom when dies. She has however written in her will that what I get is mine and not to share in a marriage.This is in a will from my birth country and I want to make sure it is leagal here.
Would all this above work or would we still have to split everything in two?
An inheritance is and remains seperate property UNLESS you comingle it. Keep your checking, credit cards, retirement, savings accts, etc all seperate. Hubby and I have both our own and a household checking acct, into which we both transfer money to handle shared expenses and expendetures, plus we each also have seperate checking. How you handle your accounts after marriage makes a difference. Read up on what can cause sperate property to become marital property. And expect any home you own together to be marital, marital income would be used to pay the mortgage, even if initially seperate property.
 

tanja53

Member
An inheritance is and remains seperate property UNLESS you comingle it. Keep your checking, credit cards, retirement, savings accts, etc all seperate. Hubby and I have both our own and a household checking acct, into which we both transfer money to handle shared expenses and expendetures, plus we each also have seperate checking. How you handle your accounts after marriage makes a difference. Read up on what can cause sperate property to become marital property. And expect any home you own together to be marital, marital income would be used to pay the mortgage, even if initially seperate property.
Thank you for your answer.
I will see if I find more detailed info on google.
Since that part about seperate property can become one.
I own my own home and I do pay the mortgage not him.
So i just want to make sure, incase of a future divorce and my bad exoerience in ugly divorces, that mine is mine and his things I would never try to take.
 

nextwife

Senior Member
Thank you for your answer.
I will see if I find more detailed info on google.
Since that part about seperate property can become one.
I own my own home and I do pay the mortgage not him.
So i just want to make sure, incase of a future divorce and my bad exoerience in ugly divorces, that mine is mine and his things I would never try to take.
Suggestion: each sell you respective homes, put in comparable downstrokes and buy a together house, as "your income" will become marital income.
 

tanja53

Member
I am not so sure that my "income" will become marital income.
My "income" comes from my father.
And this "income" is stated in his will to be personal "income" and not martial "income.
And it is from an european country.
But as you said I will look more into it.
Since I have heard that CA has its own laws.
Thanks.
 

nextwife

Senior Member
So you have no intention of actually EARNING an income, saving into retirement accounts, building social security retirement or disability credits, carrying any health or disability insurance? Your whole income plan is to live off daddy's or new hubby's money? Yet, will you want your new husband's share of what HE earns, saves, puts into retirement during the marriage?
 

tanja53

Member
So you have no intention of actually EARNING an income, saving into retirement accounts, building social security retirement or disability credits, carrying any health or disability insurance? Your whole income plan is to live off daddy's or new hubby's money? Yet, will you want your new husband's share of what HE earns, saves, puts into retirement during the marriage?
My dad died 19 years ago and left a huge estaste in an european country.
My share that I get once a year has provided me money since then.
My fiance has just started to work after a few years being first injured with a broken back at work and then unemployed after the recovery time.
So he has lived off my money.
And I still get way more money than he will ever get at his new job.
And no I don't want his money at all.
I dont need it.
I want him to save for his retirement.
And to add to it I am 54 years old , have a good education, but always been home with all the kids.
 

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