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I have a post nuptual agreement to protect myself in case of divorce. Will it hold up in a community property state?

Atlanta, GA |

My husband and I married in 1996. I had two children from my first husband and did not want my new husband to be financially responsible for them. I never demanded or received child support from my children's father, so I alone paid for everything for them until they grew up and moved out of the home. The house I and my children lived in was solely mine before I remarried. I had four years paid on a thirty year mortgage. After I remarried, I collected half of the "rent" (mortgage) and utilities from my new husband and did not put him on the title/mortgage until 2000. We got a new mortgage and we both were on the title. We fixed the house up and sold it for a $100,000 profit. We bought a bigger home in a more desirable area in the same town. From the beginning of our relationship I knew his spending was different from mine and so we continued keeping finances separate. I'm the frugal one- he more extravagant. He has his checking account, credit cards, vehicles, loans, boats, RV all purchased independently from me. It was when he wanted a home equity loan on our new home to pay off his bills that I demanded a post nup to protect myself and he agreed. Will it hold up? I have no plans on getting a divorce, and we are a happy couple, but you know sh** happens, and I just wanted to be protected.

We live in the state of Nevada.

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Attorney answers 1


I can reply to your question only as to California state law, as there are nuances of every state law that could effect the enforcement of any post nuptial agreement.

In general, agreements between spouses regarding their property and reimbursement for payments made during the marriage are upheld if the matter ever ends up in court, but in order to be enforceable the agreements must contain specific elements that a family law attorney dealing in such matters would be aware of. I urge you to see an attorney in the state of your residence for further, and more specific, information.

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