Legal Question in Family Law in California
Prenuptial Agreement expiration
My Father had my mom sign a prenuptial agreement before they were married. However they have now been married for over 27 years and i am wondering if it is still legally binding? She is looking at divorce and so i am concerned about her financial future. Then the second part is that they are going through rewriting their trust and he is specifying that our three vacation homes, current residence, and apartment biuldings are his becuase he has the only income of the two. these were all bought while in the marriage.
2 Answers from Attorneys
Re: Prenuptial Agreement expiration
Please see previous answer - I just answered this same question. Pre nups don't expire, but they can be declared invalid for other reasons.
In a community property state, one half of every dime he ears is hers just on the basis of the marriage. If property was purchased during the marriage with community funds, then that property is half hers.
Don't take legal advice from non lawyers who don't have your best interests at heart. He's probably not a lawyer, and he doesn't appear to understand community property.
Hope this helps. Elizabeth Powell
Re: Prenuptial Agreement expiration
The first step is to obtain a copy of the prenup and then have it reviewed by an attorney. There may be a defect in the prenup that will provide her some help. Further if he takes all of the property she will have nothing to support her and therefore the spousal support should be rather high.
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