Property Settlement Agreement for Married Couple in CA

[dangear]

What is the name of your state (only U.S. law)? California

In California, can a married couple have a Property Settlement Agreement?
For example:
We divide partial our community property as follows 1. Husband has Bank account A as his sole and separate property and Wife has Bank account B as her sole and separate property.

I greatly appreciate if you will answer the questions 1.Is such agreement legitimate for married couple ? 2.Dose it need notarization or 2 witnesses? Or just signed by both husband and wife? 3.Is such agreement still effective and legal in case they file divorce in the future?

Dan 31geargmail.com

 

[adjusterjack]

What is the name of your state (only U.S. law)? California

In California, can a married couple have a Property Settlement Agreement?
For example:
We divide partial our community property as follows 1. Husband has Bank account A as his sole and separate property and Wife has Bank account B as her sole and separate property.

I greatly appreciate if you will answer the questions 1.Is such agreement legitimate for married couple ?

Yes.

And as long as you are staying together it's called a "post-nuptial" agreement. You can read about it at:

https://apeopleschoice.com/california-family-law/california-postnuptial-agreement/

Here's the CA statute that addresses it:

https://marriage.uslegal.com/postnuptial-agreements/california-postnuptial-agreement-law/

Also read the following sample package from US Legal Forms for an idea of what you have to do to make sure the agreement is enforceable.

https://s3.amazonaws.com/uslf-previews/CA/CA-P089-PKG.pdf

If you are separating or intend to separate it's called a "separation agreement" also legal and appropriate to protect each other's assets.

2.Dose it need notarization or 2 witnesses? Or just signed by both husband and wife?

Notarization doesn't have anything to do with the enforceability of a contract, but is probably a good idea and you can easily have it done at your bank.

3.Is such agreement still effective and legal in case they file divorce in the future?

Yes.

 

[Zigner]

Postnups in California can be tricky animals and they are frequently thrown out in court if they don't pass muster. You will want the assistance of an attorney (actually two attorneys - one for you and one for your spouse) when creating such a document.