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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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!

Waiving Spousal Support in a Prenup? Here’s What You Need to Know

By The Tabo Law Firm • January 22, 2025
At The Tabo Law Firm, we understand that preparing for marriage is exciting, but it also comes with important legal considerations. One question many couples ask is whether they can waive spousal support in a premarital agreement or prenup. The answer is yes – but it’s not as simple as just saying so. To make the waiver of spousal support enforceable, it needs to meet specific legal requirements. Courts are particularly sensitive when it comes to spousal support provisions, so careful attention must be paid to the language in the prenup. The waiver must be voluntary, and both parties must fully understand the implications of giving up spousal support. This means both parties should be advised by their own counsel about their rights, responsibilities, and what spousal support might look like in the future. To ensure that the waiver is valid and enforceable, it’s crucial to work with an experienced attorney who can craft the agreement properly. That’s where we come in. At The Tabo Law Firm, we specialize in creating prenups that protect both parties and provide peace of mind. Don’t risk an invalid waiver or future complications – contact us today to discuss your prenup and ensure everything is done right. Call us at 916-866-8856 to schedule your consultation today!

Secure Your Future with a Personalized Premarital Agreement

By The Tabo Law Firm • January 22, 2025
At The Tabo Law Firm, we understand that every couple is unique, and so are their financial and personal goals. A premarital agreement, or prenup, allows you to set clear expectations about property ownership, spousal support, and other critical matters before saying, "I do." Prenups often focus on property rights. Will you have community property during your marriage? Will a home owned by one spouse before marriage remain separate property, or will it gain a community property interest? These are key questions a well-crafted premarital agreement can address. Spousal support provisions are another common feature of prenups. Couples can outline whether spousal support will be waived in the event of divorce, set time limits, or establish specific amounts and calculation methods. These decisions provide clarity and can prevent disputes later. At The Tabo Law Firm, we’ll guide you through the process of creating a prenup tailored to your specific needs and goals. Our experienced attorneys ensure your agreement is legally sound, fair, and protects your interests. Don’t leave your future to chance—plan with confidence. Call 916-866-8856 today to schedule a consultation with The Tabo Law Firm. Let us help you secure peace of mind as you embark on this new chapter in life.
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