Sunday, January 17, 2010

Is there any reason to wait to get re-married if the property settlement in pending from a prior marriage?

In California, if the case was bifurcated, and the divorce is final in the first marriage, but there is still a property settlement pending, and if there are LOTS of assets at issue from the first marriage, is there any reason to wait until that property settlement is final before getting married the second time? Someone I know says she wants to wait till the property settlement is final before she gets married to husband #2. I am wondering about any legal/financial reason to wait to marry the second time.Is there any reason to wait to get re-married if the property settlement in pending from a prior marriage?
I think the concern is to separate the point at which the assets are received. Your friend is concerned that income and assets received in marriage from the sales of the property will be counted as joint property with rights to husband number 2. There is truth to that statement because while the original property value from the first marriage is considered her property and valuation of that property from point of marriage to point of sale and receipt would be joint. Thus the husband number two could file for claim on that property. By cashing in on the sales transactions prior to marriage the woman ensures the ability to claim it as pre-marital assets separate from joint property rights.Is there any reason to wait to get re-married if the property settlement in pending from a prior marriage?
the license bureau wont issue a new marriage license until the 1st marriage is final and clear of any and all issues. Gotta love modern technology
I'm not a lawyer but I would think that a judge may look at the spouses income in the second marriage when dividing up the assets, maybe I'm wrong but that's probably why.

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