A prenuptial agreement (prenup) allows couples in California to decide how their assets and debts will be handled if their marriage ends in divorce or death. It’s not just for the wealthy — any couple can benefit from having clear financial expectations established before marriage. Understanding what types of assets can be included in a California prenup can help ensure both parties are protected.

Assets Commonly Included in a California Prenup

1. Real Estate
   Property owned before the marriage — such as homes, investment properties, or vacation homes — can be listed in a prenup to remain separate from marital property.
2. Business Interests
   If either partner owns a business, a prenup can determine how it will be managed or divided if the marriage ends. This includes defining future income or growth as separate property.
3. Bank Accounts and Investments
   Prenups can distinguish between individual and joint financial accounts, as well as stocks, bonds, and retirement accounts, ensuring each person’s assets are clearly identified.
4. Debts
   Prenups can also specify who is responsible for debts incurred before and during the marriage, protecting one spouse from the other’s financial liabilities.
5. Personal Property and Valuable Items
   Items such as jewelry, vehicles, artwork, or collectibles can be listed in the agreement to ensure ownership remains clear.
6. Inheritance and Family Gifts
   Future inheritance or gifts intended for one spouse can be safeguarded from being considered community property.

What Cannot Be Included

Certain matters — like child custody or support — cannot be predetermined in a prenup, as California law prioritizes the child’s best interests at the time of separation.

A well-drafted prenuptial agreement gives couples peace of mind by clarifying property rights and avoiding future disputes.

At Williams, Drexler, & Mand PC, we can provide legal assistance to the California public in drafting and reviewing prenuptial agreements to protect your financial future.