Legal Question in Wills and Trusts in California

You are wise to be concerned but this is probably not an insurmountable issue. Point out that your separate cash should not go into paying down the debt on his property with no benefit to your separate estate. If he wants each of you to maintain separate property, it should be fair. The law says that if community property goes to increase the value of his separate property, the community only gets a right of reimbursement, not a share of the property. So one simple solution is just to confirm that and track how much community money goes into paying down the mortgage (not interest, just principal) or improvements (true improvements, not maintenance). The bottom line, though, is you should never sign a pre-nup without both of you consulting with your own attorneys in person.

If community assets are used to pay the mortgage on an asset that is otherwise separate property, then the community obtains an interest in that asset. The more of the principal that is paid by community assets, the bigger the community interest. After your marriage, moreover, both of your paychecks are community assets, meaning that it would not matter whose paycheck is used to pay the mortgage.

The prenuptial agreement sounds like it would change this arrangement, which you and your fianc� could legally do if you want.

I cannot advise you as to what you "should" do. I can only give you a sense of the law, help you figure out your options, and advise you of the pros and cons of those options. You really need to meet with a lawyer who does pre-nup agreements for specific advice.

A prenuptial agreement is not valid unless both potential spouses have had a chance to speak to their own independent legal counsel to assist them. There are legal requirements for this, and I urge you to get at least a consultation with a competent family law attorney before entering into a prenuptial agreement.