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BOYER: Real Estate Lawyer Please see my answer on the other

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FOR CHRISTOPHER BOYER:Real Estate Lawyer Please...
FOR CHRISTOPHER BOYER:Real Estate Lawyer
Please see my answer on the other question, I believe I answered this.06 January 2016 09:41
I JUST READ YOUR NOTES FROM THE 1ST. I AM OBVIOUSLY MORE STRESSED THAN I REALIZE. YOUR NOTES SEEM NEW.WHEN I SPOKE TO YOU ON THE 1ST, I DID NOT REALIZE THAT I WAS GOING TO BE TOLD ON THE 3RD THAT MY HUSBAND WAS MOVING OUT, THAT I HAD 6 MONTHS TO LIVE, AND THAT HE WOULD BECOME SO UGLY IN INSISTING ON HALF OF THE HOUSE.I DO KNOW I BOUGHT THE HOUSE IN 1982 WITH MY DAUGHTER'S FATHER, MY HUSBAND. THEN I BOUGHT MY HOME AGAIN IN 1991 WHEN MY HUSBAND AND I DIVORCED, AND HE FILED A QUIT CLAIM DEED.MY CURRENT HUSBAND CAME INTO MY LIFE 6 YEARS AGO. WE WERE MARRIED IN CA. ON 9/28/2013. HE CONTINUED TO PAY $500/MO RENT. LATER, AFTER HE GAVE ME A CHECK MADE OUT IN MY NAME, FOR $200K, I CHOSE TO PAY DOWN MY MORTGAGE, WHICH HAD GROWN FROM TERMINAL CANCER TREATMENTS.
LATER, WE WROTE A STUPID POST NUP THAT SAID THE HOUSE WAS MY ASSET AND THE $200K WAS HIS ASSET. FURTHER MORE I SAID HE COULD HAVE MY $250K INSURANCE POLICY, WHOSE FORMER BENEFICIARIES WERE MY 2 DAUGHTERS. THEN I GOT EVEN MORE STUPID AND SAID THAT MY DISORGANIZED, PERPETUALLY POSTPONING HUSBAND COULD MANAGE THE MORTGAGE AND THE ROOMMATES TO HELP HIM AFFORD MY HOME, TO LIVE OUT HIS DAYS. THEN MY MOST INSANE MOMENT WAS WHEN I GAVE 2/3 OF MY HOME TO HIS CHILDREN.GOD HELP ME.FORTUNATELY, I NEVER EVER ADDED HIM TO THE DEED OF TRUST!!!!!!!!!!!!!!!!!!!!!NOW, I JUST WANT PEACE, NO FIGHTING, NO LEGAL BATTLES, NO COURT ORDERS TO GET MY HUSBAND OUT OF MY HOME, NO LOCKSMITHS TO CHANGE THE LOCKS... BY THEN I WILL BE DEAD AND EMPTY!
06 January 2016 09:49
WHAT IS THE LEGAL STANDING OF THE POST NUP?DO I JUST HAVE TO WRITE MY OWN WILL?WIIL I BE DEAD (IN 6 MONTHS) BEFORE HE CAN DIVORCE ME IN CA?IS THE SAME TRUE FOR AN ANNULMENT?SHOULD I FILE AN ANNULMENT TO GET HIM OUT OF MY HOUSE OR JUST CHANGE THE LOCKS? HE HAS MOVED HIS VERY FEW BELONGINGS INTO THE GARAGE AND JUST SLEEPS IN THE GARAGE. HE RARELY COMES INSIDE.I HAVE LOST TEN POUNDS THIS PAST WEEK. I AM AGAIN 100 POUNDS. I HAVE NOT BEEN ABLE TO EAT ALL DAY. MY STOMACH IS SO NAUSEOUS.
Submitted: 1 year ago.Category: Family Law
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Answered in 17 hours by:
1/7/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 2,983
Experience: associate attorney
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When you say gave 2/3 of the home to his children, what do you mean? If that was just a promise then it is not valid.

The post nuptial agreement must be in writing and signed by both parties. According to California Civil Code section 1624, otherwise known as the Statute of Frauds, an agreement that cannot be performed within one year must be in writing. Both parties should be fully informed about the marital property, and should be represented by independent counsel. Other than these general requirements, a married couple is free to negotiate any terms they would like. According to California Family Code Section 1617, a prenuptial agreement is void if the party against whom enforcement is sought was not represented by independent counsel, or did not expressly waive independent counsel. A prenuptial agreement will also be found void if a party does not have seven days from being presented with the agreement to seek independent counsel. However, these requirements do not apply to post nuptial agreements unfortunately.

I would think that the post nuptial is valid according to the facts you gave me so he will most be awarded the $200,000 at your death although per the agreement, the house would be yours and separate property. If you divorced him, you would not take according to your policy and you could also just change the beneficiary so he does not take the $250,000 insurance. I would most definitely write a will and attach the post nuptial to it. Depending on the language that should keep him from taking the house at your death. Hopefully you did not deed 2/3 of the house to his children because if so that is binding and you no longer would be able to pass the asset at your death and his kids would technically own that now. If it was just a promise then that is not binding. I have no idea when your death will occur and if you a divorce will occur during that time, I cannot answer that. An annulment is out of the question after this period of time. If he is considered a tenant then you cannot change the locks and will need to evict him. Just through him out and tell him to leave (all though this is not legally binding). It would probably be best if you start divorce proceedings.

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Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

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