Protection of assets in marriage

[uncaljon]

What is the name of your state (only U.S. law)? Arizona
I am engaged to be married however I my fiance has been notified of a civil lawsuit that may or may not be filed against her by a former client. Is there anything I can do to protect MY assets from this lawsuit if we move ahead with marriage or will that not be considered since the incident occurred prior to our marriage? I thought a prenuptial might be sufficient but not sure if that just protects assets attained prior to the marriage separate.

 

[FlyingRon]

You have to understand what a marriage is first. Once you get married you will share in her pain.

While you may be able to exclude certain assets from attachment that you obtained prior to marriage and hence aren't part of the marital estate, understand that judgements are not ONE TIME things and that if she has a substantial judgement against her, they may continue to go after assets that ARE in your marital estate (which may include things like stuff you bought after marriage even if titled only in your name, joint bank accounts, etc...)

 

[latigo]

What is the name of your state (only U.S. law)? Arizona
I am engaged to be married however I my fiance has been notified of a civil lawsuit that may or may not be filed against her by a former client. Is there anything I can do to protect MY assets from this lawsuit if we move ahead with marriage or will that not be considered since the incident occurred prior to our marriage? I thought a prenuptial might be sufficient but not sure if that just protects assets attained prior to the marriage separate.

Absent an agreement to the contrary your separate property will not liable for the premarital debts of your future spouse. However, the community property is liable. (See: Arizona Revised Statutes 25-215. Liability of community property and separate property for community and separate debts)

The problem that could arise is often the difficulty in being able to trace and distinguish between separate from community property. Especially if they are in any way mingled together.

You need to speak with an attorney regarding the need for the preparation of a prenuptial agreement. There are too many facets to be covered here.

WARNING! To be assured that the agreement will be legally tenable it must be examined and approved independently by an attorney solely representing the fiancée. Meaning one that has never laid eyes on you.

 

[Zigner]

WARNING! To be assured that the agreement will be legally tenable it must be examined and approved independently by an attorney solely representing the fiancée. Meaning one that has never laid eyes on you.

No, that's not what it means.

But, you're right that the attorney must be representing only the fiancée.