Thank you for your question.
Prenuptial and postnuptial agreements are often key in properly protecting the interests of marrying couples. While some spouses may not appreciate the idea of a prenuptial or postnuptial agreement, it's something most have to learn to accept or the other spouse will often need to do without some degree of protection in the marital relationship.
In some situations, a spouse may place assets in a trust to protect those assets. Trusts can also affect taxes and liability. However, a revocable trust may not provide any protection in a divorce, while an irrevocable trust may. An irrevocable trust may limit a spouse's access and ability to control his assets, potentially complicating the matter further. That said, your attorney may be able to assist you with setting up a trust and structuring your business to maximize your protections but, ultimately, as you can see, there are positives and negatives to that approach.
Transmutation agreements can also be used to separate community assets.
In any case, it's worth noting that property brought into a marriage is typically separate property belonging to the spouse who brought it in. However, problems arise when the property is commingled. Therefore, it's important to have your attorney review and evaluate your assets so that your attorney can advise you as to how you might best keep that property separate, avoid commingling it, and otherwise protect your assets.
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