WILL A PRENUP PROTECT ME AGAINST MY FIANCE'S PREMARITAL DEBTS?

QUESTION: Will a prenup protect me from my upcoming spouse's judgments, tax obligations or other debt that he had prior to the marriage?

MY ANSWER: It may protect you to some extent, depending upon its provisions.

However, you need to be aware of additional things that you should do to insulate you from your fiance's liabilities.

Protect your earnings and income by deposting them into a separate bank account under your sole name to which your husband has no right of access, and don't commingle community funds or your husband's income (which would be community property absent a Prenuptial Agreement making his income his separate property) in that account.

Community property of you and your husband would be vulnerable to your husband's premarital liabilities, so you may want the Prenuptial Agreement to opt out of the community property system and convert acquisitions during the marriage into your sole and separate property.

Do not commingle separate property and community property.
Discuss, with your Premarital Agreement lawyer, your desire for protection from your husband's premarital judgments, tax obligations, and debt, so that the lawyer can draft the Premarital Agreement with that protection in mind.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |