If my soon-to-be ex-husband and I did not sign a prenup, is it true that everything he had prior to marriage is considered half mine?

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If my soon-to-be ex-husband and I did not sign a prenup, is it true that everything he had prior to marriage is considered half mine?

He had savings accounts prior to our marriage and property in the UK.

Asked on July 3, 2012 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Your husband's bank account before marriage and property acquired before marriage are his separate property.  You would not have any claim to his separate property.  Not having a pre-nuptial agreement does not affect this.


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