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Marriage & Love. Family Affairs >> Love and Marriage with Prenuptial Agreement >> Need feedback for my prenupt situation
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| Discussion: Need feedback for my prenupt situation | - |
| Joined 23 Mar 2022 3:09 am
1 post
Unrated |
Hi,
My and my fiance are in the process of drafting up a prenup. I have one circumstance that I need some advise on. I currently have a condo property. In discussions with my fiance, I proposed that my property will remain separate property after our marriage (default law in California).
However to make it "fair" I proposed other stipulations that I want in the prenup. First, my fiance will not need to contribute anything towards the expenses and upkeep of the condo property (with exceptions of shared utility bills). Seconds, the sale of my condo property *must* be used towards a house we purchase together. I would put up a down payment with sale proceeds. Any money left over from the proceeds will be put into a joint account of ours and be considered community property. In the timeframe between marriage and purchase of a new home, I will convert a percentage of my condo property (say 5%) to community property after each subsequent year of our marriage, up to a maximum of 90% community property.
Lastly, in the event of a divorce I want to add a clause which states that in the event of a new home purchase, I will get back the down payment I put forth towards the home.
And comments on this? Does this sound fair? Does this violate any legal laws?
Thank you,
Geo
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear glui2001,
We strongly recommend you to consult an attorney in California in regards to your prenuptial agreement question. You might have other problems to clarify.
Best regards,
Legal Helpmate Corp.
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