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In general, one spouse's inheritance (as well as gifts given to one spouse) will remain separate property during a marriage in California.For example, if you receive a home as an inheritance, sell it and purchase another property with your spouse using the money from the sale, the home will become community property.
California's separate property laws apply to a house owned before marriage.(b) A married person may, without the consent of the person's spouse, convey the person's separate property." Therefore, you should have a separate property interest during the divorce in that premarital asset which is your house.
Wives : A wife is entitled to an equal share of her husband's property like other entitled heirs. If there are no sharers, she has full right to the entire property.She is also entitled to maintenance, support and shelter from husband, and if staying in a joint family, from the family.
It needs to be in writing. An oral contract is often difficult to enforce legally in any case. It needs to be signed and notarized. It needs to be fair and reasonable. There must be full disclosure of assets by both spouses. Both parties agree to the terms of the postnuptial agreement.
Marital property includes real estate and other property a couple buys together during their marriage, such as a home or investment property, cars, boats, furniture, or artwork, when not acquired by either as separate property.
Separate property can become marital property if it is mixed with marital property. For example, if one of the spouses uses money they had before the marriage to buy a house for the couple, that money might become marital property.
Separate property belongs to the spouse who owns it and is not generally divided in a divorce. California law also provides that property spouses acquire before a divorce, but after the date of separation, is separate property.
As long as both parties are in agreement to the terms of the post nuptial contract, and have the ability to put those terms into a legal document, most states don't make it a legal requirement to have an attorney.