PreNup or Something Else?

[bmurton]

California

My fiance and I are getting ready to be married but want to have a single agreement put into place prior to doing so. We have been together 5.5 years, living together for 3 of those in HIS house (mortgage and title/deed in HIS name only). The agreement would state that in case of divorce - that I would not try and go after his house as community property. This point is irrelevent of course, if we move - and we are planning to do so in a couple of years - but in the meantime - if we want an agreement that pertains to one thing only - the structure of the home (not the contents) do we need a prenup or maybe a quit claim deed? We both want to feel confident that in case of untimely death that I will definitely take the house - so I suppose I am not signing away all rights. Any information or advice is appreciated.

 

[I AM ALWAYS LIABLE]

California

My fiance and I are getting ready to be married but want to have a single agreement put into place prior to doing so. We have been together 5.5 years, living together for 3 of those in HIS house (mortgage and title/deed in HIS name only). The agreement would state that in case of divorce - that I would not try and go after his house as community property. This point is irrelevent of course, if we move - and we are planning to do so in a couple of years - but in the meantime - if we want an agreement that pertains to one thing only - the structure of the home (not the contents) do we need a prenup or maybe a quit claim deed? We both want to feel confident that in case of untimely death that I will definitely take the house - so I suppose I am not signing away all rights. Any information or advice is appreciated.

My response:

You have no idea of the "TALL" request you're asking for on this type of a site. You have many legal issues all rolled up into this one, little post; but, because of your lack of knowledge of the law (specifically, Community Property Law), it would take about two 800 page volumes to explain everything you need to know.

For example, you're incorrect about your Community Property rights with regard to the house after you're married. But, with the little bit of information you've given, it would be extremely difficult to explain all of this to you, and why you're incorrect.

So, it would be worth a couple hundred dollars for you to have a consultation, and to spend another couple of hundred on some sort of "agreement" between the two of you before you're married. You need to have all the ins and outs explained to you.

IAAL