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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115494
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question about a pre-nup. I have a decent paying

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I have a question about a pre-nup. I have a decent paying job, and own two houses. My fiance is a school teacher, used to be in real estate and has possible debt collection issues pending. These debt collections may or may not happen.

We are getting married this summer and would like to write a pre-nup to protect my assets and future income from his possible debt collectors.

If we were not in this situation we would not be writing a pre-nup at all.

Please advice me on what types of things we would want to include in a pre-nup to achieve this goal?

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Because CA is a community property state and there is a potential they could seize community assets for these separate debts, what you would want to do with a prenuptial agreement is create a separate property regime that opts out of the CA community property system.

The prenuptial would state the parties agree that all of their assets and debts acquired during the marriage and before belong to the spouse who acquired them and the parties agree to keep their assets separate and not commingle them.

In creating a separate property regime, not only do you keep your assets away from his, but creditors cannot come for your assets alleging community property laws in CA.

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Customer: replied 3 years ago.

Is it necessary to list out current assets that we both own?


It is not "necessary" but it is prudent as an appendix to the prenuptial agreement to have an attachment listing your separate property and his separate property (although if you forget something, the proof of ownership of that property combined with the prenuptial stating separate property regime would make the named owner of whatever you forgot to list the separate owner of that property).
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