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Can a prenuptual protect future income generated by premarital assets?


Can I stipulate, that all future income generated from rents and leases of premarital real property be solely mine? Would this have any trouble holding up in court?

In Texas, a community property state assets owned prior to marriage remain separate property, but the increase is community property, unless agreed to in a premarital contract.

For example, if you own a horse and rent it to others, the rent money is separate property, but when the horse has a foal, the foal is community property, and the income from the rent of it is community property.

But if there is a full disclosure prior to the signing of the prenup, then the parties can agree to anything they like.

If you are not in Texas then I don't know.

A prenup is a good idea if you are trying to plan for your children and the children are not the children of the new spouse, so go for it.

Good Luck

that is the general purpose of a prenup is to keep certain assets separate, now each state is a little bite different so you will need consult a lawyer in your state

But a good enough lawyer should be able to protect your assets hey Trump has done it with every wife since his first and I think it has worked well for him

a key besides your state laws is for the other spouse have competent representation so they have a full understanding of what they are signing off on, and should be drafted and signed way before the wedding date

No problem at all. It's done all the time. The rules vary from state to state, though, so you need to check with an attorney. In "community property" states like California, you need to be very careful not to "commingle" funds. But a good attorney will be able to guide you through the process...actually, two good attorneys. You and your fiance both need to be represented in case the agreement is ever challenged.

Good luck!

For the most part, it's valid.

Be forewarned, though, that it could be challenged if your spouse works to make improvements in said real properties, or is employed to manage said real properties. If the properties are managed and maintained entirely by yourself, with no input from your spouse, or any joint moneys spent on them, you're probably fine.

I don't know but you're already assuming that you're going to be divorcing, not such a good way to start a marriage.

If it's properly written and agreed to, yes.

Richard

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