Is a pre-nuptual agreement necessary to protect my before marriage property or is it not necessary since I live in a community property state?

I intend to marry my fiancee who currently lives in China. She will come here later on a fiancee visa.I own my house free and clear and have some stocks, and a 401K that I want to protect in the event there was ever a divorce. I have placed my house and 401K in a Revocable Trust if that makes any difference. I am retired from military service and also receive a disability benefit from the VA. So my potential to earn money and buy a house in the event of a divorce is limited which is why I want to protect what I have.

Asked on September 16, 2012 under Family Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is not necessarily an issue as to whether a pre-nuptial or post nuptial agreement is needed with respect to you and your intended regardless if you will be living in a communit property state. The issue is what you and your intended agree to, desire and expect as to your assets you have prior to marriage and during. Given your concerns I suggest that you and only you consult with a family law attorney at this juncture.

Afterwards, your intended needs to consult with one as to intent and expecations arising from the marriage.

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