Legal Question in Family Law in California

Prenup Agreement

If a prenup has been signed indicating that both parties will keep their income separate during the marriage, does the money have to be placed in separate accounts not accessible to the other person in order to be considered truly ''separate''? How would it be divided upon dissolution if it was held in a joint account with the prenup understanding that each party keeps their own salary with joint payment of expenses?


Asked on 4/20/04, 8:36 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Prenup Agreement

Pre Nuptial Agreements can be tricky and any procedural defect may lead to a set aside.

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 at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Read more
Answered on 4/20/04, 8:44 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Prenup Agreement

If the separate property wages are mixed together in a single bank account they would probably divided equally between the parties. The only way to divide the money based on contribution, would be to trace the money into and out of the account.

Read more
Answered on 4/22/04, 12:47 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California