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I own a home and will be getting married in the next month. Do I need a prenup if I purchased my home before we were together?

Pleasanton, CA |

I am a single mother and own my own home. I will be marrying a man who also has children. Is he or his children entitled to my home? I want it to go to my children.

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Attorney answers 2


All property acquired before marriage is separate property. However, if you make payments for mortgage, insurance, taxes, repairs, etc out of community property it may entitle him to an interest in the property or at least reimbursement.

You certainly need to discuss this issue with him and have a prenup and an estate plan to carry out your wishes.

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Your home is separate property, but if after marriage you use community funds for the house, then the community will have a right to reimbursement for those funds. Your prenup can state otherwise when you divorce him or you pass away.

Since you will enter into a blended family, and you want the house to go to your children, you most likely need at least a will, if not a trust, to accomplish this purpose.

Please consult an attorney when deciding on a prenup and on your estate planning options.

For informational purposes only; no atty-client relationship created hereby.