Legal Question in Family Law in California

The answer to your question, is maybe. If you didn't co-mingle any of your separate property, then it will remain separate. If any real estate is involved, even if the property would be considered separate, your spouse could possibly have a community interest in it. It gets a little complicated, and more information would be needed to adequately answer your question. It is strongly suggested that you obtain competent counsel in the area in which you live.

BARRY BESSER

www.besserlaw.com

Yes, any property, bank account, mutual fund you had before marriage is separate property, but often, during marriage you or your spouse may have put in money from wages, which are community property, into those assets you had before. This mixing of funds is VERY common. Much of family law litigation is separating these assets into how much is community, how much is separate property. The law favors community property, assumes community property, shifting the burden on you to prove that you had these assets before marriage and you did NOT add community funds, say wages, into your separate property.

The simple version of the answers you have received is that it depends on what you do with them while you are married, and whether or not you have a prenuptual agreement regarding them.

Although, a prenuptial agreement is not needed so long as you kept the property and assets you had from prior to the marriage, as separate and so long as you did not mix any community assets into those separate assets. But, I would also highly suggest that you get competent legal counsel to help you to separate out these issues.