Legal Question in Family Law in California
moore/marsden rule
My husband purchased his
home just before we got
married and we are
considering getting a
post-nup to give me legal
security on my monthly
investments in the property.
We live in the home with our
two kids and I help pay the
mortgage. He was informed
that the the moore/marsden
rule is not great protection
for my investment. Is a post
nuptual agreement
advisable for my protection?
2 Answers from Attorneys
Reply: moore/marsden rule
In a general sense, a post nuptial agreement may be the best choice, or perhaps a Transmutation Agreement.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: moore/marsden rule
The really important thing is that you keep accurate records of the money you are contributing to make the mortgage payments, and the source of that money. Is the source money you had from before you were married, or money from income derived after the date of marriage? A postnuptial agreement can clarify your current intentions regarding the ultimate status of your current contributions. After separation, parties often have far different interpretations of marital financial events, so it is better to memorialize your present understanding with a well drafted marital agreement.
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