Legal Question in Family Law in California
I have been advised by a Fresno real estate attorney not to pursue divorce because a judge might disregard my prenuptial agreement and decide assets are community property? How great is this possibility?
We have a prenuptial that states in our case all property including earnings and income resulting from skill, effort, work belong to each and shall be their property. Any property that comes after marriage is separate and that claims to community property are relinquished.
Properties we own are in our separate trusts. There has been no commingling of accounts. Taxes were filed separately. Two properties are owned $25% and 75% as trustees in common and tenants in common. My husband does not want a divorce. Will the prenuptial protect my separate assets? I understand because only I want to sell the 75% 25% property held as "trustees in common" it requires partition to sell and it can only be sold by divorce. These properties are at the root of our problem and the marriage might survive without divorce if they could be sold.
What can I expect as an ESTIMATED cost of a divorce including partition of one of the properties?
2 Answers from Attorneys
A question of this nature requires meeting with an experienced family law attorney in an office consultation. This website is not designed for anything other than simple family law questions.
With that being said, if you're prenuptial agreement does not comply with Family Code 1615 which controls prenuptial agreements, your agreement would most likely be struck down by the judge.
I disagree with Ms. Kock only to the extent we can conclude for certain your pre-nup is unenforceable under section 1615, with the limited information in your question. It is certainly of questionable enforceability, but more information would be needed before a solid opinion could be rendered. Otherwise I agree 100%.
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