Legal Question in Family Law in California

2nd marriage, his house and my 401k
My fiance owns his home, and I do not. I have a 401k; he does not. We both have kids. He will add me to the title of his house but he wants me to sign something that says what was his before stays his and that we would split the equity accumulated from the time of marriage if we divorced. I thought about this. He has an equity line of credit that is maxed out and if he got a second mortgage, etc. there could be little or no equity at any given time. As for my 401k that would be split from the time of marriage, so I could be paying that out to him. It concerns me because I would be contributing to the mortgage and the bills and could be the one that ulitimately has to pay. He is self employed and I make more money than he does.

Asked on 12/18/07, 7:10 pm

Ryan P. McClure The Law Offices of Ryan P. McClure

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Re: 2nd marriage, his house and my 401k

Sounds like he wants you to sign a prenuptial agreement. It would be wise for you to hire an attorney to review the agreement before signing.

Feel Free to contact me.

Good Luck!

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Answered on 12/19/07, 6:21 pm

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