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Old 05-16-2007, 03:47 PM
gusmahler gusmahler is offline
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Join Date: Jul 2005
Location: Northern California
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Default Re: Pre-nuptial agreements, ermmm....yes surely?

[ QUOTE ]
Put another way, if A and B meet aged 32 having earned exactly the same but with A having been a big spender and B a big saver so that B has $200k, say, and A has nothing (purely on account of having spent it along the way) then is that $200k potentially split if they marry and then get divorced? I know it depends on legal wranglings etc but any info would be appreciated [img]/images/graemlins/wink.gif[/img]


[/ QUOTE ]In a community property state, in general, A is not entitled to any of the $200k.

Life isn't usually that simple though. E.g., the same A and B get married and buy a house. B puts down $100k and they pay for the rest of the mortgage using their joint income.

$50k is put in a mutual fund that both A and B have equal access to. Both A and B make several deposits and withdrawals each year. Some withdrawals are for joint expenses, some are for gifts to each other.

The remaining $50k is used to start a business that A runs. They're together for ten years, the business is a huge success.

A and B have "grown apart" and want a divorce. A wants half the house sale proceeds and asserts the business belongs to him/her. Now it's a lot more difficult to figure out who's money belongs to whom.

B could keep the $200k in a separate account and never allow any community funds to touch that account, but that's not exactly romantic.
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