Legal Question in Real Estate Law in California

post maratal agreement

Both my wife and myself have a business. If either of us wants to buy real estate for investment but not buy it jointly (because we disagree alot) can we make a post marital agreement for that purpose? Or, how could I buy real estate and transfer it into my trust using just my own funds?


Asked on 9/06/07, 5:54 pm

3 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: post maratal agreement

We can set it all up for you using trusts. We specialize in trusts, estates and Probate and I believe we can figure a good way to utilize business trusts to accomplish your goal.

I can be reached at the info provided by LawGuru or through one of our firm's websites such as No-Probate.com where you can also learn more about us and what we do.

Namaste,

Scott

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Answered on 9/07/07, 8:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: post maratal agreement

There is nothing wrong with making post-marital agreements with your spouse, and they are generally enforceable just like any other contract. There are a few special considerations, however. One of them is that spouses have to deal with each other in openness, candor and the utmost good faith. They are free to shift (or "transmute") property back and forth between separate and community, as long as the deal is fair and square. Another requirement is that the agreement usually has to be in writing and fairly clear, definite and explicit. A few subjects seem to be taboo, such as clauses or provisions that encourage divorce.

If you have both a business and money to invest in real estate, I assume you are doing well enough to be able to afford a few hundred bucks to have a lawyer write, or review, a contract.

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Answered on 9/06/07, 7:55 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: post maratal agreement

Since you "disagree" a lot, you may want to contact an attorney who specializes in family law, as well as real property and taxation.

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Answered on 9/07/07, 2:07 am


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