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Newbie
Daxia
Posts: 1
Registered: ‎03-19-2012
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How to ensure a property is SEPARATE property in CA

My husband and I signed prenup before the marriage to keep the income and debt incurred before/during the marriage separate. During the course of our marriage, I have been wanting to purchase a property and he strongly disagreed (he doesn't believe owning a property).

 

If I purchase a property using my own saving and credit, would a 'quitclaim deed' and the prenup be sufficient to prevent him from claiming any interest of the property?

 

Thank you!

Gold Contributor
BobPhillips-RE
Posts: 1,611
Registered: ‎12-13-2010

Re: How to ensure a property is SEPARATE property in CA

Daxia, I was hoping that RE_Guy might notice your post, and chip in, as he holds a law degree, among his resume points.

 

Yours sounds to me, like an issue that needs to be advised by an attorney.  

 

California IS a community property state, and as such, something as simple as a pre-nup, and a quit claim deed, might not be sufficient protection - to you - especially if the property becomes a primary residence, for the two of you.

All this, of course, is merely MY opinion. Thanks for reading.

Bob Phillips - Realty ONE Group - South Orange County, CA