If you’re like most people, you care about what you own, and you want to protect it at all costs. If you’re getting divorced, however, you should understand that California is a community property state, which means that in most cases, without a prenuptial agreement in place, all marital assets will be distributed equally between each spouse. If you’re getting divorced, or even if you’re just considering drafting a prenuptial agreement in case of a future divorce, you may wonder whether you can protect your inheritance with a prenup. Please continue reading and speak with our dedicated Los Angeles prenuptial agreement attorneys to learn more about how prenups work and how our firm can help you craft one. Here are some of the questions you may have:
Can I use a prenup to protect my inheritance from a divorce?
Absolutely. If you wish, you can clearly outline in your prenuptial agreement exactly what will happen with any inheritance you receive in the future, or have received already. In fact, in most cases, inheritances are considered separate property anyway, and typically, when a couple gets divorced, the person who received the inheritance will likely be able to keep the whole thing. However, if the individual received the inheritance and then placed it in a jointly-held bank account, thereby intermingling the assets, there’s a very good chance the inheritance will then be considered community property, and each spouse will receive a share of it.
What else does a prenup cover in California?
Prenuptial agreements are incredibly useful documents and can cover a wide range of assets and future divorce-related terms. To start, you can outline what you’d like to happen with real estate properties, retirement assets, stock options, and virtually any other asset you can think of. You can also create a future alimony agreement, should you get divorced in the future. That said, you should note that you cannot include details about child custody terms in your prenup, as this is something that a couple must either agree on at the time of their divorce or that a court must decide at the time of divorce.
If you would like to draft up a prenuptial agreement or you have any other questions about how these agreements work here in the state of California, please don’t hesitate to reach out to the Zitser Family Law Group, APC today. We are here to help you through each step of the process and ensure your interests are protected along the way.
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For the qualified, dedicated legal representation you and your family deserve and need through any family law or divorce matter, contact Zitser Family Law Group, APC today.