The Tabo Law Firm

Is Your House Community or Separate Property in Divorce?

December 4, 2024

Dividing assets during a divorce can be complex, especially when it comes to a home purchased during the marriage. Many clients ask, “If the house is in my name only, is it still community property?”


In California, property acquired during the marriage is typically considered community property, regardless of whose name is on the title or loan—unless a premarital agreement states otherwise.


There are exceptions, such as when the house was purchased with separate funds, and your spouse signed an interspousal transfer deed, waiving their interest. In such cases, you may argue the property is your sole and separate asset.


At The Tabo Law Firm, we’re here to guide you through the complexities of property division and protect your rights. Call us today at 916-866-8856 to schedule your consultation.

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The Importance Of Enforceable Prenuptial Agreements in California

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Why You Can’t Waive Child Support in a Prenup

By The Tabo Law Firm • January 29, 2025
At The Tabo Law Firm, we know how important it is to protect your interests with a strong, enforceable premarital agreement. But when it comes to child support, there’s one thing you absolutely cannot do: waive it. California law makes it clear—child support is always modifiable based on change in circumstances. You can’t use a prenup to eliminate or limit this right because child support is designed to protect the best interests of the child, not the parents. Including provisions that violate this law will render your agreement unenforceable. When drafting premarital agreements, enforceability is our top priority. We ensure that every provision complies with California law, so your agreement stands up in court. Including anything illegal, such as an attempt to waive child support, undermines the entire contract and risks getting it thrown out. If you're considering a prenup, don’t leave its enforceability to chance. At The Tabo Law Firm, we specialize in crafting agreements that protect your interests while standing firm under California law. Call us today at 916-866-8856 to schedule a consultation and ensure your premarital agreement is legally sound and enforceable. Don’t risk your future—let’s secure it together!
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