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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33243
Experience:  Began practicing Family Law in 1992
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What happen to the money i have in my savings and ...

Resolved Question:

What happen to the money i have in my savings and others, in the event I get married . does my asset before marriage automatically get to split into half with my husband in the event of a divorce?
Submitted: 8 years ago.
Category: Family Law
Expert:  JD 1992 replied 8 years ago.
No, community property is only the property acquired during marriage.

Although you didn't ask, I'm going to offer a little more information. The interest that you draw on your account during marriage is likley to be considered community property. Also, don't mingle that money with any community funds. This destroys its separate status and may convert it into community property.

The best way to handle this is to have a prenuptial agreement which specifically identifies what property is to be considered separate property and what happens to any property during the marriage.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
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Customer: replied 8 years ago.
I am sorry, but i am a little confused with your answer and need your clarification.

any asset that I have acquired before marriage, in the even of a divorce, my husband has no right to claim those assets , yes or no.

community property is defined as property acquired together during marriage. hence, interest or rental income earned on the asset that I have before marriage, would constitute community property, yes or no

lastly, in the event i receive inheritance from my parents during marriage, would that also be considered as community property, hence my spouse is entitled to half of it, in the event of a divorce?
Expert:  JD 1992 replied 8 years ago.
No problem, I'll be glad to clear it up.

Your husband has no claim to an asset that was acquired during marriage unless you somehow convert it into community property, like putting separate money and community money into the same bank account.

Interest and rental earned on the asset during marriage is generally considered community property.

No, and I should have pointed this out, any property acquired during marriage, unless by gift or inheritance, is community property. Therefore your husband wouldn't be entitled to half of your inheritance.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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