How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7395
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I'm in the process of buying a house. My fiancé

Customer Question

I'm in the process of buying a house. My fiancé wants to get married in the middle of my escrow. Should I get a pre-nup? If our marriage doesn't work out, what claim does he have on the house that I bought. I started the process single but escrow will
close with me already married.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

What state is this in regards ***** *****?

Customer: replied 1 year ago.
California
Expert:  LegalGems replied 1 year ago.

Property purchased prior to the marriage is considered separate property; however if, during the marriage, the community makes contributions to the mortgage, the community has an interest in the property, regardless of how title to the house is held. The only way to avoid the community getting an interest is to draft a pre or postnuptial (preferably pre) stating that the property is to be the original owner's separate property, and that mortgage payments will be made from the original owner's income and that the community forsakes any claim that the community property income payments towards the mortgage would otherwise create.

Prenups need to be drafted carefully and should be reviewed by attorneys for both sides, thereby being more likely to defeat later challenges as to its validity.

Expert:  LegalGems replied 1 year ago.

I hope I've answered your question to your satisfaction. Please let me know if you require further clarification.

And, please provide a positive feedback rating -- otherwise, I receive nothing for my efforts on your behalf.

Thank you; it's been a pleasure to assist you.

Related Family Law Questions