Legal Question in Wills and Trusts in California

Prenup waiver illegal?

My father in law re-married, he and the new wife signed a prenup. One condition of prenup was ''if any payment is made by [spouse] on behalf of [other spouse] for the

benefit of [other spouse] that no claim will be made against the separate property of [other spouse] on whose behalf the payment was made. This includes, but is not limited to, mortgage, insurance, taxes, maintenance of real estate and vehicle payments''

Since CA is community prop and normally when a spouse contributes towards another spouse's separate property, that spouse gains community property rights, will this portion of the prenup be valid if the step-mom does in fact contribute towards my father in law's separate property?


Asked on 4/14/06, 11:52 pm

2 Answers from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Prenup waiver illegal?

this question should be directed to a family law attorney.

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Answered on 4/15/06, 12:21 pm
Zachary R. U. Rayo The Preble Law Firm

Re: Prenup waiver illegal?

Reimbursement for a spouse's separate property contributions to the acquisition or improvement of the other spouse's separate property assets with no interest or adjustment for increases in value is consistent with California law. See Fam. Code �2640(c).

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Answered on 4/19/06, 6:39 pm


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