Does money from divorce settlement becomes part of communal property when I get remarried.
Seattle, WA
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Posted 9 months ago in Marriage / Prenuptials
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matrimonial hse got sold and some money will come in cash and some in retirement fund. Is this considered common property when I get remarried. Is pre nup good for excluding these items?
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Answers (2)Yale Lewis III
This attorney is licensed in Washington.
Posted 9 months ago.
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all the money you take into the marriage property is sep. property and remains that way unless you gift it to the community or commingle it with community funds. basically, if you want to keep your money separate, put it in a separate account and, once you get remarried, do not put any more money into it.
likewise, don't add new money to your retirement account. keep it separate. finally, a pre-nup explicitly stating that it is separate and she / he doesn't have any claim to it will also help. Rhea J. Rolfe
This attorney is licensed in Washington.
Posted 9 months ago.
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Most pre-nuptial agreements I have seen simply re-state what is already the law. In general, whatever you bring into the marriage is your separate property. It will remain your separate property as long as you keep it separate. For example, if you retain a separate bank account and put NO community property into it, and just keep your pre-marital funds in it, it will remain separate. You can also set up a community account for yourself and your spouse into which you would deposit community property funds, such as your paychecks. However, you must keep the funds separate. If there is "comingling" of community and separate funds, such that it would be extremely difficult to identify which is which, then the funds become community funds. For another example, if you own a car, but owe a debt on it, and start paying the monthly payments with your salary (community funds), the community could acquire a community lien on the car. If you use the car as a trade-in to buy another vehicle, which would be a community car, then the new car would be community property. A pre-nup serves the purpose of identifying which items are separate at the time of marriage, and creates a record in case it is needed later. However, if the funds are not maintained separately, they still could become community property.
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