Legal Question in Family Law in California

It is known that California is a "community law" state. My wife (whom I legally married and we both live in California), independently purchased a piece of rental property (purchased during the marriage using her own name only).

Now we try to form a post-nuptial Aggreements that will state each spouse is responsible for his/her debts and financial liability. This will protect me and my child finacially in case my wife's rental property (as stated above)causes any liablity debts.

Can this kind of post-nuptial aggreement be superior to (i.e., "over-ride") the California's Community Law?

Thanks


Asked on 12/21/09, 10:17 am

1 Answer from Attorneys
Cosmo Taormina Law Offices of Cosmo Taormina

It depends. California does recognize post-nuptial agreements but they have to be very, very, well written in order to survive a challenge. Your best bet is to contact an attorney as soon as possible.

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Answered on 12/28/09, 12:58 pm


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