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.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.