California Divorce

[KirkH]

California.

My wife and I are considering divorce. We live in California. She has agreed that if I pay off a loan that is solely in her name, in the event of a divorce, she will not seek half of any future royalties earned from Intellectual Property created by me during the marriage.I need a contract to ensure that if I pay this loan off, she cannot change her mind and claim half of my royalties. A family member is helping with the loan and needs this assurance.

Do I need a post nuptial agreement for this or will a simpler contract suffice? If I do need an post nuptial agreement, do we need to specify the division of all assets in the contract, or can this be only about the loan vs the royalties?



Thank You!

 

[tranquility]

You can exchange money for a transmutation agreement. Because of the community property involved, I'd treat it as a post-nupital where each side gets representation, just in case there is a change of mind later.

 

[TinkerBelleLuvr]

Seems to me that the divorce papers should cover that. If you are not to that point, then follow tranquility's advice.

 

[ecmst12]

Of course if the loan was taken out during the marriage, it's a community loan no matter whose name is on it.

 

[latigo]

California.

My wife and I are considering divorce. We live in California. She has agreed that if I pay off a loan that is solely in her name, in the event of a divorce, she will not seek half of any future royalties earned from Intellectual Property created by me during the marriage.I need a contract to ensure that if I pay this loan off, she cannot change her mind and claim half of my royalties. A family member is helping with the loan and needs this assurance.

Do I need a postnuptial agreement for this or will a simpler contract suffice? If I do need an post nuptial agreement, do we need to specify the division of all assets in the contract, or can this be only about the loan vs the royalties?

What you need is an ATTORNEY and a postnuptial!

And even more critical is that she is represented by an attorney and definitely not yours!

No offense intended, but if you can’t figure out why she must have independent professional counseling regarding such a postnuptial, then you are not as astute as you appear to be.