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7 Tips to Protect Your Separate Assets After Marriage

7 Tips to Protect Your Separate Assets After Marriage

7 Tips to Protect Your Separate Assets After MarriageSeparate Assets – If the assets were not protected prior to the marriage all is not lost. A Postnuptial Agreement can define separate property earnings and assets as well as marital earnings and assets. Earnings and assets acquired prior to marriage and an inheritance are separate property. Earnings and assets acquired after marriage are community property. However, a Postnuptial Agreement similar to a Prenuptial agreement is often challenged at the time of a divorce. Therefore, other steps to protect your separate property assets after marriage must and can still be taken.

(1) – If funds have been commingled such that separate and community funds are in the same account, the burden is on the party claiming some part of the funds are separate property to trace the source of the asset.

Locate bank statements and copies of checks showing the withdrawal of the funds from the separate property account and the deposit of the funds to the community property account. Keep these documents in a safe place as banks do not keep records beyond 5 years.

(2) – Place any documents related to an inheritance in a safe place. In addition, create a separate bank account for any inherited funds. All inherited funds or assets are separate property.

(3) – Do not use any community funds to maintain or remodel any separate real property. When community funds are used to maintain or remodel a separate property a community interest is being created.

(4) – Do not use any community funds to maintain or operate a separate property business. When community funds are used to maintain or operate a separate property business a community interest is being created.

(5) – Do not use any community funds to pay the mortgage of your separate property residence. This may create what is called a Moore Marsden interest. This interest may be very significant if the property value increases.

(6) – Create an irrevocable or offshore trust for your separate property interests, if you have not already done so prior to marriage.

(7) – Continue to invest in your pension, defined contribution plans, and 401 (k)s. In the event of divorce, a Qualified Domestic Relations Order will be prepared that will divide the parties’ separate property and community property interests.

Is Marriage In Your Plan?

If you are considering marriage and have considerable assets or inheritance, consider talking to Ryan Family Law Group to investigate creating a prenup or setting up finances such that inadvertent commingling does not put your separately owned assets at risk.

Is Divorce In Your Future?

If you own valuable assets, property or a business, your divorce filing will be more challenging. San Diego divorce attorney Paul Ryan will work closely with you and fight to get/keep your desired marital assets. He will help you organize your finances and make sure that you are set up for long-term financial success.

Ryan Family Law Group offers a free consultation to all potential San Diego divorce clients. We will go over your case details and determine if alternatives to divorce, such an annulment, are possible. You can schedule your free consultation by calling us 858-222-6600, texting us or by emailing us.

I’ve been working with Paul Ryan on a difficult case for over a year and he has been a God-send. He is smart, personable, very down to earth and a fighter. I had two terrible experiences previously with different SD firms, and hiring Paul has been a welcome breath of fresh air. I would highly recommend Paul, especially for active duty military and veterans.

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Janet H
23:06 03 Jun 21
Called to schedule a complimentary consultation expected to either not get a call back or, get a sales pitch. Neither... happened! Mr Ryan called me at my requested time and gave me valuable, important information. He provided me answers to specific questions regarding my situation. I now feel much more prepared and confident going forward. If you need some answers to your questions that may lead to action you take, call Paul more
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Diane Kocheran
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Paul Ryan helped me to keep my Alimony after my ex husband tried to end it. Paul, along with his incredible office... staff was very honest with me, always quick to answer all my questions, quick to call me back and even gave me discounts when paying my bill on time. This law firm is incredible and I would recommend them highly. I live in Las Vegas and we did everything over the phone. The hearing was in San Diego.They really care about their clients and this was a difficult case. Thank you Paul and your entire office staff. You all are truly one of the greats and I appreciate all your hard work on my case. Thank more
19:13 26 Jul 20
Paul Ryan and Ryan Family Law did an outstanding job with my recent matter. Paul was very responsive to my inquiry and... matched me with one of his excellent attorneys, Paula. Paula was extraordinary! She was professional and conscientious. She developed a successful strategy and assisted me throughout the process and ultimately achieved exceptional results. I would recommend Ryan Family Law to anyone facing a family law matter!read more
Shawn Velasquez
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Paul Ryan is awesome veteran attorney willing to help veterans. He took the time to call me back and go over my case... with me even on the weekend! I would recommend him and I'm definitely keeping his contact in my phone more
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Estrellita McIlrath
01:58 09 May 20
I could not be more impressed by the actions of the Ryan Family Law Firm. I contacted them on a weekend and was... expecting a call or email on Monday, but instead I was called within the hour and the plan to resolve my issue immediately started. I look forward to continuing to work with Paul, Paula and the rest of the firm and I have no doubt they will give me exactly what I want. Paula did an amazing job representing me and giving me a taste of what is to more
Patty OConnor
Patty OConnor
00:26 29 Feb 20
Paul Ryan is bright, very experienced and will have your back 100%. He is a great attorney who is able to explain the... ins and outs of family law with clarity. He also is a man with a great deal of integrity - you can definitely trust Paul with your case. Highly more
Scott Goodman
Scott Goodman
04:49 22 Nov 19
I have nothing but great things to say about Ryan Family Law. As the respondent in a divorce action, Ryan Family Law... (Paul Ryan, founder) consulted with me very thoroughly and my attorney (Paula) was just SO impressive with her attention-to-detail approach to my case. All contacts – email or phone call – made by me were always returned promptly (often in less than an hour) if my attorney was not readily available at that moment; at her end Paula kept me very, very well informed on all issues and movements associated with my case. Legal terms and common Family Law abbreviations were always explained to my satisfaction and understanding; communications with my attorney Paula or support/administrative staff was always prompt, professional and informative. Paula appeared in court alongside me or appeared on her own (as needed, recommended or prudent) and engaged opposing attorneys with tenaciousness and surgical precision on my behalf, resulting in a well-designed and favorable settlement.I would not hesitate to provide my most positive endorsement and candid recommendation for Ryan Family Law for persons wanting a tenacious and thorough approach to representing YOU for family law matters needing thoroughly professional handling and getting the highest possible probability for a favorable more
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Three Convenient Locations For Your Service

We strive to make our clients’ family law cases as stress-free as possible. Mr. Ryan is an accomplished family law attorney who can meet at an office near you. He will handle the challenges of your legal matter while you focus on taking care of your family. You can schedule your free consultation any of our three San Diego offices by calling us now.

Ryan Family Law Group

Three Convenient, Inviting Office Locations In San Diego County
Rancho Bernardo 11440 W Bernardo Ct
Suite 300
San Diego, CA 92127
North County 2173 Salk Avenue
Suite 250
Carlsbad, CA 92008
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