Legal Question in Family Law in California
prenapul
my wife had me sign prenupal,because she has a house,but after five years,we
re finaced and they needed my
income to get loan,so now after five years of being on the deed,does this override
the prenutul,for the house,
will i still get 1/2 of house
if we were to devoice.
2 Answers from Attorneys
Re: prenapul
Although more details are needed to give a good answer we can say that you probably are entitled to one half of the equity increase for the time that the house was in both names. She is probably entitled to the equity in the property at the time of the transfer and one half of the equity increase since that date. There are some variable factors so you will need an attorney to sort through the documents and the transactions. Good Luck, Pat McCrary
Reply: prenapul
In a general sense, one would have to review the underlying pre nuptial agreement as well as the real estate transaction to make a proper assessment for you as to your legal rights. Pre nuptial agreements can be set aside for a variety of reasons.
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