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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27218
Experience:  Attorney with experience in family law.
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I live in La Jolla California and was married in 2013. My

Customer Question

I live in La Jolla California and was married in 2013. My wife and I signed a prenuptial agreement prior to getting married. For last year's taxes (for calendar year 2014) we filed our taxes separately. This year however (2015 taxes) we were wondering if it was "safe" if we filed "jointly". Meaning, if we file our taxes "jointly" would it jeopardize any investments that are considered by the prenuptial agreement as "separate property?"
My wife and I stand to save a lot of money by filing jointly as opposed to separately, but we won't do so if it might jeopardize our prenuptial arrangement concerning "separate property".
The question might be answered by stating how other married couples (in California with prenuptial agreements) typically file their taxes.....
Submitted: 6 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

Filing a joint tax return has absolutely no impact on the ownership of property or your prenuptial agreement. It won't affect anything. If you later divorce, your separate property is still your separate property. California law provides that the nature of separate property can only be changed to community property if a spouse signs an EXPRESS declaration that they are giving up an ownership interest in the property. Cal. Fam. Code, Section 852.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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