I’m worth $1.8 million — and want my girlfriend to waive her community property rights before we marry

I have recently decided that I want to ask my longtime girlfriend of 5 years to marry me, and start a new chapter in our lives. My girlfriend is financially responsible to a degree that a lot of people are fine with: some savings, 401 contributions, paying bills, and getting by.

I plan on continuing my real-estate life, so do I start a new LLC for any new moves I make after I get married? Is a prenuptial agreement something that helps here, and how do I explain to someone that I care about the money that I’ve sweated so hard over for almost two decades? In 2011, a California court ruled that a couple, Jeffrey and Nancy Facter, who had signed a prenup waiving spousal support if they got divorced was “unconscionable” and found that prenuptial agreement — which included a community property waiver — was unenforceable in its entirety.

On the other hand, California community property law means your $1.8 million in assets belong to you, should you divorce. That includes your rental properties and investment accounts. Asking her to waive any additional earnings during your marriage may come as an unwelcome shock to her.

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