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Old 10-21-2009, 12:44 PM
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sole and separate property


California-California--I plan on marriage, have considerable assets, & businesses, sole proprietorship and corporations. There is an anticipated inheritance coming my way from a family member in the not too distant future--illness. The latter could occur while married.

I am very concerned about maintaining sole ownership having worked so hard to build my estate, not willing to co-mingle these things in the marriage. I desire sole and separate use without interference.

I have no problem with sharing and building an estate in addition to these things, splitting them down the middle should a divorce ensue down the road. I am very fair minded with a strong sense of ethnics. I like to give generously, but don't like having things taken from me, on the other hand.

How might one guarantee that property and assets, both tangible, and intangible, be kept as sole and separate from the marriage? Is there such an instrument as a "Sole & Separate Party Trust"?, or some other legal instrument to protect the innocent from the less than innocent, should that turn out to be the case?

Last edited by rcharrisjr; 10-21-2009 at 01:11 PM. Reason: added on
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Old 10-21-2009, 02:01 PM
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Join Date: May 2004
Posts: 41,424
Quote:
Originally Posted by rcharrisjr View Post
California-California--I plan on marriage, have considerable assets, & businesses, sole proprietorship and corporations. There is an anticipated inheritance coming my way from a family member in the not too distant future--illness. The latter could occur while married.

I am very concerned about maintaining sole ownership having worked so hard to build my estate, not willing to co-mingle these things in the marriage. I desire sole and separate use without interference.

I have no problem with sharing and building an estate in addition to these things, splitting them down the middle should a divorce ensue down the road. I am very fair minded with a strong sense of ethnics. I like to give generously, but don't like having things taken from me, on the other hand.

How might one guarantee that property and assets, both tangible, and intangible, be kept as sole and separate from the marriage? Is there such an instrument as a "Sole & Separate Party Trust"?, or some other legal instrument to protect the innocent from the less than innocent, should that turn out to be the case?
What you are going to want is a prenuptual agreement. Make sure that you handle it well in advance of the marriage (no springing it on your future spouse a week before the marriage). Make sure that your future spouse is also represented by their own attorney.
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