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Do I need a pre-nuptial agreement to protect my house?

In general, property that belonged to you before the marriage are your separate property (the law where you are could be different, and I am not a lawyer anyway). But you mention that there is a mortgage. How is that to be paid? If the funds are not from separate property, if they are from community property - and your paycheck is almost certainly community property - then every time you make a house payment, or pay a tax bill, or fix a window, 1 dollar comes from you, and one dollar comes from her. If you pay for the house with community funds, then the house is community property. You might be able to make an argument that the equity on the house before you married was still separate, but that will depend on where you are. For instance, if you bought a house for 500,000 and put down 100,000 cash. You financed 400,000. If you then immediately got married and the market value of the house had not changed, you would have equity of 100,000. That portion of the house value might still be your separate property. Might be. But a lot if factors could change that. And yes, the only way to avoid that would be with a prenup. And since the judge will get to rule on that prenup being reasonable, your prenup might need to specify what you are going to do in lieu of selling the home. Perhaps that you will keep the home, but buy her equity out of your share of other assets. That would keep the prenup from financially harming her - which the judge might not like - while making it crystal clear who keeps the house with no argument. But talk to an attorney instead of asking for random advise at the bar.

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