Married 30 years, happy. Need to prepare estate docs. Wife's rental is still titled in her name, however the small loan was paid off years ago using CP funds. Years later spouses received residence as separate property (50/50) which had no debt. Can couple make a very simple post nuptial agreement in writing documenting why they want to now retitle the rental and the residence as CP so an AB trust can be easily prepared, and also have the post nuptial agreement state that should the couple ever need to divorce that the separate ownership of the rental and residence will in that event apply? In other words, couple is happy to retitle property for death purposes (step up value, taxes and so heirs do not need to sort this out) but if divorcing, then recognizing the previously sole ownership status. Secondly, can a couple make more than one post nuptial over time (e.g., if another item comes up that they want to document as belonging to the other while married but which should revert back to sole ownership in the event of divorce?)
Nothing about a 30 year marriage with multiple pieces of real estate is simple, but a family lawyer can sort it out.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me...
You can make the transformation a part of your Trust plan. Yes, you can modify it later if you desire. No need for a post nuptial.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline