Keeping Separate Property Separate Without Prenup

Keeping Separate Property Separate Without Prenup

Your Wedding is Coming Up, and Your Fiancee Won’t Sign Prenup

So your wedding is in less than a month, and your fiancee won’t sign a prenup.  If the issue is that you haven’t brought it up, here is how you may be able to still get a prenup without hurt feelings.

It’s Too Late

If the issue is that it’s too late (you must always leave 2-3 months prior to your wedding for a prenup!), you may still be able to protect what you had before your marriage.

Keeping Separate Property Separate Without a Prenup

If a prenup is out of the question, and you still want to get married, here are some alternatives that may protect you.

Inventory What You Had Prior to Marriage

Take a snapshot of all of your accounts prior to the marriage.  If you own a house prior to marriage, keep the last mortgage statement prior to wedding day.  Get an appraisal of the house value.  If you have a business, you may want to get it valued.

Keep Your Accounts Prior to Marriage Separate

After you get married, open a joint account with each other.  NEVER co-mingle your prior accounts by depositing marital money.  Most of you know that if you do not have a prenup, all of your earnings during marriage are community.  It is essential that you never mix your prior to marriage accounts with marital money.

If You Had a House Prior to Marriage Not Paid Off, Use Pre-Marriage Funds to Pay Mortgage

If you happen to have a lot of money sitting around, prior to marriage, keeping using this money to pay mortage. The moment you use marital money to pay down a pre-marital asset, there arises a Moore Marsen calculation.

Be Diligent; Do NOT co-mingle.

If you do not have a prenup, you need to be diligent in your marriage to protect your separate property.  Always maintain the separateness of character by keeping it in a different account.  This goes for your gifts and inheritance as well.  Most people know they are by nature separate, however, a problem arises when you put separate stuff into a joint account.

Have a case like this?

Family matters are extremely personal, and it is important for us to know details of your case before giving advice. Each case is different, and it is important to find an attorney you trust. To arrange an appointment, please call us at (626) 765-5767 between 8:30am – 5:00pm, Mondays to Fridays, or fill out the form below.

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