When does a property become separate property? Community property?

Asked over 2 years ago - San Francisco, CA

The prenup list that the instigating party (Party A) owns a property.
At the time of marriage the property in question was actually owned by a trust.
Party A has 50% interest in the property once the transfer takes place (after marriage).
Party A and spouse pay Party B owner rent until a time when Party A and spouse buy out Party B.
Party A forces spouse through obligations interpreted, by Party A, from the prenup to grant deed the property back to her sole property.

Was the property ever actually separate property of Party A? At what point did the community actually acquire an interest? Does undo influence apply when it is based on the stipulations of a prenup? Did Party A break fiduciary duties to Party B? Was there a transmutation of property?

Attorney answers (2)

  1. R Genyne Long

    Contributor Level 11


    Lawyers agree

    Answered . This question is too confusing as written. I think you would benefit greatly from taking the agreement to an attorney and having him/her review it for you. The expense for an hour of time would be well spent.

    I do not represent the person who asked this question, and was not given enough information to provide a better... more
  2. Michael John Apicella

    Contributor Level 13


    Lawyers agree

    Answered . Agreed with Ms. Long. No attorney can give a proper answer to such question without more details, including reviewing the prenup. No shortage of family law lawyers in the Bay area. Set up a consult and I'm sure you can get your questions answered and learn more about your rights.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Community Property in Divorce

Community property refers to property that is acquired after marriage and considered owned by both spouses. Nine states use this system.

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