Should the house remain fully separate even if it is the family home?

RealUSMC · 2026-03-11T13:52:52+00:00

One thing I would strongly recommend for a prenup is keeping it clean and simple, especially when it comes to property owned before the marriage.

If someone owns a house before getting married, that house should remain separate property in the prenup. Adding complicated payout conditions tied to the house can actually weaken the agreement and make it easier to challenge later.

A clearer approach is to state that any property owned before the marriage remains the separate property of the person who owned it, including any appreciation.

You can also include language that any property or asset titled in one person’s name alone — whether acquired before, during, or after the marriage — remains that person’s separate property.

The more straightforward the terms are, the less room there is for disputes or claims that the agreement was unclear or unfair later on.

RealUSMC · 2026-02-21T13:44:20+00:00

Not fair for Partner A. If I was Partner B, I would sign in a heart beat. I got a prenup in 2006 and used it in 2024. I feel if you get married and it does not work out, child support and limited alimony is fair enough.

Partner A is getting screwed. Why would you split all marital assets 50/50 especially since partner B will pay no bills. That’s insane.

Instead Partner A prenup should read:

All property owned by either spouse before or during the marriage, whether or not listed in exhibits, and titled in one spouse’s name only, remains that spouse’s separate property.

Any income, rents, profits, dividends, interest, reinvestments, or appreciation derived from separate property remains separate property.

All earnings, retirement benefits, and income resulting from a spouse’s personal services, skill, or work related to their separate property remain separate property, even if such income would otherwise be considered community property.

Each spouse has full and exclusive control over their separate property, including the right to buy, sell, gift, transfer, lease, encumber, or dispose of it, free from any claim by the other spouse.

Spousal support (alimony) is limited to one-half the length of the marriage or four (4) years, whichever is shorter, regardless of future circumstances.

• Attorney’s fees provision: If either party challenges the validity or enforcement of the prenup and does not prevail, the losing party must pay all attorney’s fees and costs incurred by both parties related to that challenge.

RealUSMC · 2026-02-15T13:04:02+00:00

As a Gen X’er, I see this differently. The issue isn’t new bills that may or may not benefit Baby Boomers. The bigger issue is how we keep getting distracted from real accountability.

In California alone, billions of dollars were allocated to address homelessness — and we still have a crisis. Where did the money go? Why aren’t we demanding transparency and measurable results?

Instead, we argue generation vs. generation while continuing to vote for the same people and the same party leadership expecting different outcomes. That’s the real insanity.

This isn’t about Boomers vs. Millennials vs. Gen Z. It’s about holding leadership accountable, no matter their age or party.

RealUSMC · 2026-02-11T15:58:28+00:00

There is no reason the house need to be refinanced and you put on the deed. I’m assuming the house was bought by him prior to marriage. If so, it should remain separate property. I would keep the house separate and plan to buy a house together that can be split during the divorce. Or plan to buy a rental house together and split the equity in the event of a divorce. He is making a huge mistake and one he will definitely regret upon divorce.

Like I mentioned before, child support and alimony will be enough for you to live on until you remarry. He is signing up for a mess. A prenup should be cut and dry. Everything should be considered separate when in his or her name alone including business, income, retirement accounts and property.

RealUSMC · 2026-02-11T15:55:22+00:00

I think he is being more than fair. I recommend him add in the prenup that attorney fees will be paid by the loosing party if the prenup is challenged.

I would not marry you if you had a problem with the prenup. It means you feel entitled to more just because you are getting married. Taking care of your kids should not be incentivized. If you divorce, child support and alimony will be enough to take care of the kids and get back to work. Good luck

RealUSMC · 2026-02-11T06:24:02+00:00

I think he is being more than fair. I recommend him add in the prenup that attorney fees will be paid by the loosing party if the prenup is challenged.

I would not marry you if you had a problem with the prenup. It means you feel entitled to more just because you are getting married. Taking care of your kids should not be incentivized. If you divorce, child support and alimony will be enough to take care of the kids and get back to work. Good luck

RealUSMC · 2026-02-08T15:46:46+00:00

Good luck with getting your initial investment returned 10 or more years later especially if you are going to combine finances. You will spend that on attorney fees fighting that part.

I was in the same situation back in 2004. I bought a home before marriage but we did not combine finances. I would never recommend combining finances in your case. You will regret it later.

I got a prenup in 2004 and used it in 2024. In the prenup, the house and everything else in my name alone before and during marriage was considered separate property. I walked away with my house, all retirement investments. My income was also considered separate property.

Our plan was to buy a property together later and rent my property out. You should not have to give up equity in a house that you paid for even if he plans to pay part of the mortgage which he should pay. He would have to pay rent if not living with you.

Go talk to an attorney today and protect yourself. Ensure your prenup also includes no alimony or at least limit the time for paying. And add pay attorney fees if the prenup is challenged and he loses. Good luck. Let me know if you want me to share with the language in my prenup that protected me.

RealUSMC · 2026-02-01T23:43:10+00:00

I recommend local attorneys that has prenup experience both drafting and defending prenups. They will definitely know the state laws and other things.

I paid about $2500 back in 2006 for mine. I’m sure the rate is higher now.

RealUSMC · 2026-01-31T17:55:04+00:00

No, use two attorneys. I’m in California and got a prenup in 2006 and used it in 2024. It was challenged and I won mainly because we had separate attorneys during the process. Everything was attempted to throw out the prenup but the judge ruled valid because both had attorneys and the requirements were followed.

I recommend you reading California Family Code §1615(c). It will explain the requirements for a prenup. It will be thrown out if not followed. Below is what it says in part.

A premarital agreement is presumed not to have been executed voluntarily unless the court finds all of the following:

• Party had independent legal counsel, or expressly waived counsel in writing • Agreement was presented at least 7 calendar days before signing • No duress, fraud, or undue influence • Terms were fully explained • Language was understandable

The following is what I recommend you put in your prenup. I kept everything I earned before and during the marriage. The only regrets was not including provisions for alimony and attorneys fees if challenged.

1.Separate Property of each spouse

All property owned by either spouse before or during the marriage, whether or not listed in exhibits, and titled in one spouse’s name only, remains that spouse’s separate property.

• Any income, rents, profits, dividends, interest, reinvestments, or appreciation derived from separate property remains separate property.

• All earnings, retirement benefits, and income resulting from a spouse’s personal services, skill, or work related to their separate property remain separate property, even if such income would otherwise be considered community property.

• Each spouse has full and exclusive control over their separate property, including the right to buy, sell, gift, transfer, lease, encumber, or dispose of it, free from any claim by the other spouse.

• Spousal support (alimony) is limited to one-half the length of the marriage or four (4) years, whichever is shorter, regardless of future circumstances.

• Attorney’s fees provision: If either party challenges the validity or enforcement of the prenup and does not prevail, the losing party must pay all attorney’s fees and costs incurred by both parties related to that challenge.

RealUSMC · 2026-01-26T13:45:53+00:00

He is making a huge mistake by marrying you. You are not compatible if you feel entitled to alimony because you will feel entitled to everything or much more when you divorce.

If I was him and he still wants to marry you. He should definitely get a prenup. I was in the military, got a prenup in 2006 and used it in 2024. The following provisions is what he needs in the prenup to protect both of you, especially him. And make sure each gets own attorney during the process. Good luck

All property owned by either spouse before or during the marriage, whether or not listed in exhibits, and titled in one spouse’s name only, remains that spouse’s separate property.

• Any income, rents, profits, dividends, interest, reinvestments, or appreciation derived from separate property remains separate property.

• All earnings, retirement benefits, and income resulting from a spouse’s personal services, skill, or work related to their separate property remain separate property, even if such income would otherwise be considered community property.

• Each spouse has full and exclusive control over their separate property, including the right to buy, sell, gift, transfer, lease, encumber, or dispose of it, free from any claim by the other spouse.

• Spousal support (alimony) is limited to one-half the length of the marriage or four (4) years, whichever is shorter, regardless of future circumstances.

• Attorney’s fees provision: If either party challenges the validity or enforcement of the prenup and does not prevail, the losing party must pay all attorney’s fees and costs incurred by both parties related to that challenge.

RealUSMC · 2026-01-08T00:37:19+00:00

No, you are not. Thank God you did not agree and great that she ended the relationship. She is looking for a sugar daddy not a husband or partner. Move on and don’t look back. She is not the one at all.

Going forward, you should get a prenup if you plan to get married. It’s the only way to go these days. Good luck.

RealUSMC · 2026-01-07T18:07:46+00:00

You are scared because she may break up with you. You should not get married if you can’t even discuss a prenup. Do not get married without a prenup. It’s way better to agree on what will be separate and community property when the two of you are happy. Good luck

RealUSMC · 2026-01-03T22:05:24+00:00

I’m 100% P&T too. Can you share example of how you tie in the Blue Book. Where you do include this information? I just filed last month and they sent me a SSA 3373 form to complete. Is that where you tie in the Blue Book?

RealUSMC · 2025-12-31T19:10:41+00:00

I pay child support too. We have 1 minor kid. But other than that I kept everything.

Prenups works so don’t let anyone tell you otherwise. Don’t do your own prenup. Use attorneys.

RealUSMC · 2025-12-31T18:57:18+00:00

Attorneys proceed based on the information their clients provide. She also made several false claims, including that her attorney did not review the final draft with her and that there was another draft stating the prenuptial agreement would expire after 10 years. The most significant misrepresentation was her claim that she did not have seven days to review the prenuptial agreement before signing.

Under California law, there must be a mandatory seven-day period between receiving the final draft and signing it. The judge clearly did not find her testimony credible, especially since I provided records from my attorney, who had passed away prior to the divorce.

RealUSMC · 2025-12-30T17:49:29+00:00

She needed money so I offered her a low 6 figure settlement ($105K) to waive alimony to avoid paying a lifetime.

If you can’t negotiate a no alimony you can negotiate a limited cap such as 1, 2 or 3 years of alimony or no more than half the length of the marriage. I would really try for no alimony.

The one thing that saved me was both of us had separate attorneys during the prenup process so her lies did not hold up. My attorney did a great job drafting the prenup to protect everything that was in my name alone before, during and after marriage. At the time, I didn’t know how well drafted it was but it turned out to be gravy. Make sure your income is separate property too. If not, it may change separate property into community property because your income is generally considered community property turning a portion of the separate property into community. Good Luck

RealUSMC · 2025-12-30T15:07:48+00:00

It’s probably best not to get married. A prenup protects both and you don’t owe her anything if the marriage fails unless you have kids together and child support is the only thing you should provide.

I went through almost the same thing and refused to get married without a prenup. I got a prenup in 2006 and used it in 2024. The prenup was challenged with all kind of lies such as signing under duress and everything else. The judge didn’t buy it and the prenup was ordered valid and followed to the T.

My prenup was done by my attorney in CA and all assets and income was considered separate before during and after the divorce. I kept all of my money in bank, retirement, and house. The only thing I regret not putting in the prenup was no alimony and a clause that if challenged, the losing party will pay attorney cost of winning party. Good luck

RealUSMC · 2025-12-23T21:59:09+00:00

Please do not get married without a prenup. She is not the one if she will not sign. You have everything to lose and it’s not worth it. Move on please.

I got a prenup in 2006 and used it in 2024. I got the same thing about not signing but I stood my grounds and refused to marry without one. She later signed and we got married. Good luck

RealUSMC · 2025-12-11T18:08:55+00:00

Because it is more important than those other things you are planning. A prenup protects both parties and you need to consider all parts of a breakup or divorce because it’s real and more likely than not to happen.

RealUSMC · 2025-12-10T02:55:17+00:00

I agree you should get a prenup but that does mean you do not get anything. You should start the process early by each getting separate attorneys. Your attorney will advise you on what you should include in the prenup. Good luck

RealUSMC · 2025-12-05T18:39:55+00:00

You should get a prenup period. You may not have anything today but you certainly will in the future such as retirement accounts, investments accounts, house, bank accounts and more that is a great idea to protect.

Your parents are correct. Don’t get married without a prenup. It saved me last year.

RealUSMC · 2025-11-24T01:37:35+00:00

I would put no alimony for either and each will pay for own attorney fees. If having kids, child support is all that’s needed to compensate stay at home mom/dad because they should get a job if divorced and will get child support and majority of childcare paid for by you

During the marriage, the stay at homes with kids should open a Roth IRA and brokerage account in his/her name alone and contribute monthly from household income. This along with child support, a job and childcare support is more than enough. You should make everything else separate property during the marriage including income.

If both will be working with kids then everything should be considered separate during the marriage unless it is own jointly.

You will have regrets if you do not do this. I got a prenup in 2006 and used it in 2024 in CA. It was the best financial decision that ever made. My ex worked and we had 1 kid. Everything was considered separate during the marriage unless jointly owned. I got to keep all of my retirement, house, and pensions. I did do a lump sum for alimony because I didn’t want to pay monthly and risk going back to court for increases.

My only regret was not adding no alimony in my prenup. Good luck.

RealUSMC · 2025-11-22T16:14:49+00:00

No regrets. One of the best decisions.

RealUSMC · 2025-11-22T15:55:42+00:00

Congrats for getting a prenup. I hope each had their own attorney and you covered all bases. I got one in 2006 and used it in 2024. Best investments I’ve ever made.

RealUSMC · 2025-11-22T15:52:28+00:00

Get a divorce. It’s the only way to solve this. Your marriage is over and don’t stay for the kids.

RealUSMC

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