Legal Question in Family Law in California
I have just married in California and reside in California. My spouse would like me to sign a quit claim for the property he owned previous to our marriage which is fine with me. I would like to purchase some investment properties with my own money (likely through an LLC I will form). Can I ask my spouse to sign a quit claim prior to me purchasing the properties or is there some other way I can protect those properties prior to me purchasing them or would a post-nup be the only possible protection for my future properties?
3 Answers from Attorneys
If the investments are bought with money you had before the marriage and if you neither commingle the funds or use it for community purposes it remains your individual property. Of course you have got to make sure that you do not use community property to pay off mortgages or otherwise maintain the property.
Partial divisions without control by the courts and full disclosure of all assets and liabilities in a schedule of assets and debts are frought with peril!
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