Legal Question in Family Law in California

Hi,

I have a question. If I am legallly separated, I have filed a post nuptial in my separation that house is my own and separate property. House is under my name as married but own separate property. I am not responsible for any of my wife's debts. All our money is separate. She has nothing to do with mine and I don't have anything to do with her money or her debts. My judgement has already been signed by the judge.

I am planning to pay off my house. Can any of her creditors go after my house?

Also after I pay off my house is there any protection I can buy to protect my home aside from umbrella insurance? Should I put it in a trust? If I put the home in a trust and will it to my kids. It should still have nothing to do with my wife right? Pretty much what I am asking after judgement has been signed, it's my own property right anything I do after with it she and her debts has no right to right?


Asked on 5/20/11, 7:29 am

2 Answers from Attorneys

Your question is muddled. I think I know what you are saying, but because I am not certain I don't want to answer and have my interpretation being wrong result in wrong information to you. "House is under my name as married but own separate property." makes no sense.

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Answered on 5/20/11, 10:42 am
Arlene Kock Law Offices of Arlene D. Kock APLC

Post nuptial agreements must follow strict rules in order to be upheld in California. You really need to meet with an attorney in an office consultation to sort out the key fact patterns affecting your case and the legal remedies to protect your legal interests.

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Answered on 5/21/11, 10:59 am


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