Legal Question in Family Law in California
Transmutation (post-nup) questions. Our intent is to keep all income, property, and debts separate. We have no intention of dissolving the marriage. I am reviewing an old (attorney prepared) draft that we never executed. Before I seek further counsel, I have some questions:
1. I own a townhouse acquired before marriage, and it is titled in my name only. My husband and I do not commingle funds, and we have no joint accounts. I pay all of the mortgage payments and property taxes. Do we really need to pay for a Moore-Marsden calculation?
2. Separate Property Interests in Pre-existing Retirement Plans and Social Security: can this section be eliminated from the draft?
3. Waiver of Rights in Respective Estates: I really do not like this section at all. Upon death, we would like our rights to remain intact. Can this section be eliminated from the draft?
4. Lottery/Gambling Winnings: is it possible to insert a section that states if one spouse wins greater than a certain amount, then the winnings will be divided equally and each half held as separate property? Just in case we get lucky!
1 Answer from Attorneys
You are both exceeding the reasonable scope of a free question and asking much too detailed questions for even a paid attorney to answer without a LOT more information and details, starting with the entire existing text of the draft you want to modify. You need to go see an attorney to get help with this.
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