Nullities/Pre-Nuptial/Post-Nuptial Agreements

Nullities

California is a community property state. Generally speaking the community property estate is any assets or debts acquired or incurred during the marriage. If you cannot reach an agreement on how to divide your assets and debts with the other party then the Court is charged with dividing the community property estate equally between the parties. There is always exceptions and you may have the right to be reimbursed monies you had prior to the marriage and used on community assets or the other spouse’s separate property and/or monies you received during the marriage from an inheritance which was used on community assets and/or that you used on the other parties separate property. You are legally entitled to receive one-half of the community property estate which includes retirement plans, equity in your home, vehicles, stocks and bonds, IRAs, 401 K’s etc. virtually anything that can be valued and has equity. Call our office today to discuss your case and let us help you receive what you are legally entitled to.

Pre-Nuptial Agreements

Under the Family Code of California parties, can prior to marriage, change by “contract” how the laws under the Family Code apply to them. Since California is a community property state you can be virtue of a “contract” change how the community property laws would be applied to you and your future spouse. There are strict requirements with a pre-nuptial agreement and you will want to ensure that it is drafted correctly so that it will not be deemed invalid or unenforceable should that time ever come. We can prepare a pre-nuptial agreement for you. Call us today to discuss this issue.

Post-Nuptial Agreements

You can, after your marriage, alter the way the California Family Code applies to you and your spouse should a divorce occur. Again there are strict requirements with this and we can assist you in preparing a post nuptial agreement. Call us today to discuss your case.