Legal Question in Real Estate Law in California

Re: My son as a sole beneficiary

In order to be reasonably sure that your wife won't be able claim a personal or community-property interest in a property acquired during marriage, you need to:

(1) Pay the entire down payment from money that is already separate property, and not community property in the slightest; and

(2) Make all future payments on any mortgage (or note and deed of trust) from separate funds, and not earnings that you bring home while married, which are community property.

You probably also need to avoid using any community funds to make improvements on this separate property, and perhaps avoid using her, or joint, credit on any loan application.

An alternative may exist, in that you could have an attorney experienced in post-nuptial agreements write an agreement in which she expressly disclaims any interest, now or in the future, in your proposed investment.

The bottom line is that it is rather difficult to avoid a spouse obtaining at least a small percentage "pro tanto" claim on assets acquired during marriage.

Re: My son as a sole beneficiary

Yes, in a nutshell, you would need to set up a living trust for the benefit of your son, and/or set up a separate property agreement with your spouse. For prompt, affordable assistance in this important matter, contact us today for a free phone consultation.