Prenuptial Agreements and Protecting Your Assets

At the Orange County Law Office of David P Schwarz we have drafted numerous prenuptial agreements where the other spouses debts remained the separate property of the debtor spouse. Please contact our office at 949 735 9266 or via the web. Also we can be contacted at

A divorce lawyer who handles prenuptial agreements will protect your assets and any attempt to make you pay the other spouses debts. A spouse's separate property is liable for that spouse's debts incurred before or during the marriage.

Nonliability of Debtor's Spouse. Except as otherwise provided by statute, a spouse's separate property is not liable for debts incurred by the other spouse before or during marriage. A spouse's separate property is also not made liable by an encumbrance of community estate property to secure payment of a debt incurred solely by the other spouse.

A Divorce attorney will also protect you from debt of the other spouse and any attempt by that spouse to attach your separate property. An example would be a judgment creditor of the other spouse who seeks to levy on the wages of the nondebtor spouse. 

The hypothetical would be if the the debt arises from a lease agreement signed only by one spouse, during the marriage.  Furthermore assume both spouses did not sign a written prenuptial agreement characterizing the wife's wages as her separate property.  During the divorce proceedings at a debtor's examination, the debtor spouse testifies that they had no earnings and they were supported by the other spouse. The result without a prenuptial agreement applying would rule that the nondebtor spouse was treating there wages as community property by supporting the debtor spouse and let the nondebtor spouses wages be attached with a levy and they would be paying for the debtor spouses debt.

However, at the Orange County Law Office of David P Schwarz we would make sure that our client would have a very good prenuptial agreement in place and get a result far different than if a prenuptial agreement was not in effect.

If a scenario occurs where your separate property is attached from the debt of the other spouse A divorce lawyer will assits you to transmute your property. This can be done by a prenuptial agreement which will protect all your assets and debts from being exploited by the other spouse in lieu of divorce.

The other spouses separate property would be liable for the debtor spouses separate property only if it was incurred for necessaries of life such as food and shelter and support.

We will also protect you from third party creditors. However, creditors may avoid the risk of unknown interspousal transfers simply by obtaining both spouses' signatures on contracts and notes.

At the Orange county Law Office of David P Schwarz we will protect all your asset through the drafting of a well documented prenuptial agreement. Please contact our office for a consultation at 949 735 9266 or via the web. We also can be contacted by email at

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I have referred several of my friends and relatives who needed representation in family court to David. From prenuptial agreements to divorce to child custody, David is the go-to guy. He is a seasoned attorney who knows what he's doing, and so far, I've only heard good things about him. C.G.