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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I own my house and business separately and live alone - titles

Customer Question

I own my house and business separately and live alone - titles are in my name only. My husband and I jointly own the condo he lives in. I want to protect my property and assests - we do not comigle finances in any way. Do I need to have him sign a disclaimer prior to my creating a living trust? I do not plan to leave anything to him or anyone - just charity. Thank you.
Submitted: 6 years ago via RocketLawyer.
Category: Legal
Expert:  Law Pro replied 6 years ago.
What state do you reside in?
Customer: replied 6 years ago.
I live in Washington State.
Expert:  Law Pro replied 6 years ago.
Washington is a community property state.

Your going to have to get him to agree to a anti-nuptial agreement since your already married.

That although the property and business were yours prior to the marriage - he has a marital interest in their increase in value.

For example, if you got married and the house was worth $10k and after 5 years of marriage it's worth $15k - he's got a marital interest in the increase in value during the marriage.

Too, any monies that you earn while married are joint income. If you use joint income to pay for anything - then that asset potentially becomes a marital asset.

Too, for a valid anti-nuptial agreement - there must be full disclosure of any and all assets, income, debts, and liabilities. Failure to provide such means that the anti-nuptial agreement is voidable and the community property laws of Washington control division of marital property.
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Customer: replied 6 years ago.
Thank you
Expert:  Law Pro replied 6 years ago.
You're welcome. Good luck!!