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Ownership- PRE NUPTIAL AGREEMENT

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					                      [Paragraph 6: Ownership of Premarital Assets]


                                    [Choose one clause:]
                                        [Alternative 1]
[ ] A. All Premarital Assets and Property Traceable to Them Remain Separate
Property
Except as specified elsewhere in this agreement, ___[woman's name]___'s premarital
assets (which are listed on Schedule 1), and all property traceable to those assets, shall
continue to be her separate property after we marry. "All property traceable to those
assets" means any growth in value of those assets [choose one: including /not including]
growth in value arising as a direct or indirect result of the efforts of one or both of us
during our marriage. It also means any sales proceeds of those assets, any asset purchased
with the sales proceeds, or any asset(s) acquired in exchange for those assets, as long as
the sales proceeds or any such new asset is held in the sole name of ___[woman's
name]___ [add if applicable: or if held in joint names, as long as it is traceable to the
premarital asset].
Except as specified elsewhere in this agreement, ___[man's name]___'s premarital assets
(which are listed on Schedule 2), and all property traceable to those assets, shall continue
to be his separate property after we marry. "All property traceable to those assets" means
any growth in value of those assets [choose one: including/not including] growth in value
arising as a direct or indirect result of the efforts of one or both of us during our marriage.
It also means any sales proceeds of those assets, any asset purchased with the sales
proceeds, or any asset(s) acquired in exchange for those assets, as long as the sales
proceeds or any such new asset is held in the sole name of ___[man's name]___ [add if
applicable: or if held in joint names, as long as it is traceable to the premarital asset].
                                     [End Alternative 1]


                                        [Alternative 2]
[ ] A. All Premarital Assets Remain Separate Property but Not Property Traceable
to Them
Except as specified elsewhere in this agreement, ___[woman's name]___'s premarital
assets, which are listed on Schedule 1, shall continue to be her separate property after we
marry. However, all property traceable to those assets shall be considered [choose one:
marital/community] property. "All property traceable to those assets" means any growth
in value of those assets, including growth in value arising as a direct or indirect result of
the efforts of one or both of us during our marriage. It also means any sales proceeds of
those assets, any asset purchased with the sales proceeds, or any asset(s) acquired in
exchange for those assets, even if the sales proceeds or any such new asset is held in the
sole name of ___[woman's name]___.
Except as specified elsewhere in this agreement, ___[man's name]___'s premarital assets,
which are listed on Schedule 2, shall continue to be his separate property after we marry.
However, all property traceable to those assets shall be considered [choose one:
marital/community] property. "All property traceable to those assets" means any growth
in value of those assets, including growth in value arising as a direct or indirect result of
the efforts of one or both of us during our marriage. It also means any sales proceeds of
those assets, any asset purchased with the sales proceeds, or any asset(s) acquired in
exchange for those assets, even if the sales proceeds or any such new asset is held in the
sole name of ___[man's name]___.
                                     [End Alternative 2]


                                       [Alternative 3]
[ ] A. All Premarital Assets Will Be Considered [choose one: Marital/Community]
Property
Except as specified elsewhere in this agreement, all of our premarital assets, which are
listed on Schedules 1 and 2, and all property traceable to those assets, will be considered
[choose one: marital/community] property as soon as we marry. "All property traceable
to those assets" means any growth in value of those assets, including growth in value
arising as a direct or indirect result of the efforts of one or both of us during our marriage.
It also means any sales proceeds of those assets, any asset purchased with the sales
proceeds, or any asset(s) acquired in exchange for those assets, even if the sales proceeds
or any such new asset is held in the sole name of one of us.
                                    [End Alternative 3]
                                  [End alternate clauses]


                      [Optional Clause for Premarital Real Estate]
                                   [Choose one clause:]
                                      [Alternative 1]
[ ] __. [Choose one: Real Estate/___[Specify Certain Real Estate]___] Will Remain
Separate Property
During our marriage, ___[name]___'s real estate located at ___[address]___ shall
continue to be ___[name]___'s separate property after we marry [if it is a home you will
live in together, add: regardless of whether we refer to it as "our" home and no matter
how long we live there]. Use of [choose one: marital/community] property funds to pay
any mortgage payments, property taxes, insurance, improvements, repairs, or other
expenses for the property [optional: or time spent by one or both of us fixing it up] will
not alter the separate property nature of the home. Such payments will not be
reimbursable to the [choose one: marital/community] property estate unless we sign a
written agreement expressly providing otherwise. [optional: Any increase in the
property's value shall also be ___[name]___'s separate property. If ___[name]___ sells
the property or exchanges it for another asset, any sales proceeds or asset acquired in
exchange will be [choose one: his/her] separate property].
                                    [End Alternative 1]


                                      [Alternative 2]
[ ] __. Equity in [choose one: Real Estate/___[Specify Certain Real Estate]___] Will
Be Apportioned Between Separate Property and [choose one: Marital/Community]
Property
The equity in ___[name]___'s real estate located at ___[address]___, will be apportioned
between ___[name]___'s separate property and [choose one: marital/community]
property as follows: __[specify the percentage that will be separate property and the
percentage that will be marital or community property, or the method to be used to
apportion the asset]__. [add if applicable: The above provisions will apply to any sales
proceeds or assets acquired in exchange for the property during our marriage].
                                   [End Alternative 2]


                                      [Alternative 3]
[ ] __. [choose one: Marital/Community] Property Contributions to [choose one:
Real Estate/___[Specify Certain Real Estate]___] Will Be Reimbursed
If [choose one: marital/community] property funds are used to pay for certain expenses
related to ___[name]___'s real estate located at ___[address]___, the property will
remain ___[name]___'s separate property, but the [choose one: marital/community]
property payments will be reimbursed as follows: __[specify how and when the
reimbursement would be payable, such as all or one-half of what was paid, with or
without interest, to the estate or to the nonowner, upon death and/or upon divorce. If
applicable, cross-refer to any paragraphs relating to estate planning or divorce]__. The
reimbursable expenses referred to in this clause shall include only payments for
__[specify types of payments that qualify, such as payments reducing the principal
balance owed on a mortgage, mortgage interest, property taxes, repairs, or capital
improvements]__.
                                   [End Alternative 3]


                                      [Alternative 4]
[ ] __. [choose one: Real Estate/__[Specify Certain Real Estate]__] Will Become
[choose one: Marital/Community] Property
___[Name]___'s real estate located at ___[address]___ will become [choose one:
marital/community] property __[specify when this will happen, such as on a certain date
or "as soon as we marry"]__.
                                   [End Alternative 4]
                                 [End alternate clauses]
                                  [End optional clause]


                      [Optional Clause for a Premarital Business]
                                   [Choose one clause:]
                                      [Alternative 1]
[ ] __. Premarital [choose one: Business/Professional Practice] Will Remain
Separate Property
During our marriage, ___[name]___ plans to continue to operate the [choose one:
business/professional practice] known as __[name of business or professional
practice]__. The [choose one: business/professional practice] shall continue to be
___[name]___'s separate property after we marry. Any increase in its value shall also be
___[name]___'s separate property, regardless of how we refer to it or how much time
either or both of us devotes to it. If ___[name]___ sells the [choose one:
business/practice] or exchanges it for another asset, any sales proceeds or asset acquired
in exchange will be [choose one: his/her] separate property.
                                    [End Alternative 1]


                                      [Alternative 2]
[ ] __. Premarital [choose one: Business/Professional Practice] Will Be Subject to
Apportionment Between Separate and [choose one: Marital/Community] Property
During our marriage, ___[name]___ plans to continue to operate the [choose one:
business/professional practice] known as ___[name of business or professional
practice]___. After we marry, the [choose one: business/practice] will be subject to
apportionment between ___[name]___'s separate property and [choose one:
marital/community] property as follows: ___[specify the method to be used to apportion
the asset]___. [add if applicable: If the [choose one: business/practice] is sold during our
marriage, the above provisions will apply to apportionment of any sales proceeds].
                                    [End Alternative 2]
                                  [End alternate clauses]
                                  [End optional clause]


                  [Optional Clause for Premarital Retirement Benefits]
                                   [Choose one clause:]
                                      [Alternative 1]
[ ] __. Premarital Retirement or Employee Benefits Will Be Separate Property
All retirement or employee benefits earned by (or in the name of) one of us before we
marry, as listed on Schedules 1 and 2, will be the separate property of the person who
earned them or in whose name those benefits are vested. This applies to all benefits in all
retirement, pension, deferred compensation, stock options, and other employee benefit or
tax deferred plans, whether qualified according to IRS regulations or nonqualified.
Each of us hereby waives any legal claim he or she may have now or in the future
regarding the other person's premarital retirement or employee benefits referred to above.
Each of us understands that this waiver may not be effective under applicable laws unless
reaffirmed after we marry in a written waiver in a form approved by the retirement or
employee benefit plan. Therefore, we agree that after we marry, upon request by the other
party, each of us will sign any document necessary to carry out the intent of this clause,
including a written waiver in a form approved by the plan.
                                    [End Alternative 1]


                                      [Alternative 2]
[ ] __. Premarital Retirement or Employee Benefits Will Be [choose one:
Marital/Community] Property
All retirement or employee benefits earned by (or in the name of) one of us before we
marry, as listed on Schedules 1 and 2, will be considered [choose one:
marital/community] property. This applies to all benefits in all retirement, pension,
deferred compensation, stock options, and other employee benefit or tax deferred plans,
whether qualified according to IRS regulations or nonqualified.
Each of us understands that under applicable laws title to any retirement or employee
benefit account or benefit can be held in the name of only one person, and that the written
consent of both spouses may be required prior to making any election of benefits under a
retirement or employee benefit plan. We agree that after we marry, upon request by the
other party, each of us will sign any document necessary to carry out the intent of this
clause.
                                    [End Alternative 2]
                                  [End alternate clauses]
                                    [End optional clause]


                      [Optional Clauses for Other Premarital Assets]
                                  [Choose all that apply:]
                                       [Alternative 1]
[ ] __. Certain Premarital Assets Will Remain Separate Property
The following premarital asset(s) will remain the separate property of the spouse who
owns the asset(s) prior to marriage and will not be converted to [choose one:
marital/community] property when we marry: ___[for each person, list each asset from
Schedules 1 or 2 to which this applies]___.
                                     [End Alternative 1]


                                       [Alternative 2]
[ ] __. Certain Premarital Assets Will Be Apportioned Between Separate and
[choose one: Marital/Community] Property
The following premarital asset(s) will be apportioned between ___[name]___'s separate
property and [choose one: marital/community] property [choose one: as soon as we
marry/___[specify when this will take effect]___] as follows: __[for each person, list
each asset from Schedules 1 or 2 to which this applies, and specify the method to be used
to apportion the asset(s)]__. [add if applicable: If any asset listed in this clause is sold
during our marriage, the above provisions will apply to apportionment of any sales
proceeds].
                                     [End Alternative 2]


                                       [Alternative 3]
[ ] __. Certain Premarital Assets Will Become [choose one: Marital/Community]
Property
The following premarital assets will become [choose one: marital/community] property
[choose one: as soon as we marry/___[specify when this will take effect]__]: __[list the
assets from Schedules 1 or 2 to which this applies]__.
                                     [End Alternative 3]
[End optional clauses]

				
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Description: [Paragraph 6: Ownership of Premarital Assets]- PRE NUPTIAL AGREEMENT
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