Do I need a prenup if I just want to protect my property before marriage ?
3 attorney answers
I do not ascribe to the belief that everyone would benefit from a prenuptial agreement. Some people, yes, but not every situation calls for it.
Property that you owned before marriage does not become community property until and unless you make a mistake and commingle it with community assets (including earnings during marriage).
You should consult with an attorney or two to learn about how to safeguard your premarital assets. Done right, you'll avoid the need of a premarital agreement altogether.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Frankly, everyone needs a prenup. Would you form a business partnership if you didn’t know the terms? If you can’t discuss finances now, how will you, after the partnership is underway?
This is general advice. You are anonymous. If you PM me I won’t know what it’s about.
Not only will you obtain legal benefit, but you will learn the ABCs of no comingling, not transmuting, ... not messing it up. Your spouse to be will also benefit by seeing your intentions in writing.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...