Location: Phoenix, Arizona, community property state.
Hi! I’m getting married in 20 days and we are writing up our prenup. I’m getting stuck on fairness for the house I bought before we met. I get it’s best to see a lawyer but please believe me when I tell you we have literally no excess finances to spend.
Me: 26(M), $40k in student debt (all federal no private, $15k in credit card debt, bought my house in 2022 before I met her with only me on the deed, Masters degree making about $45,000 post tax with more salary growth available. My industry cuts off around $140k pre tax. Own my car outright. I pay about $250/m of her bills because of her student debt payments.
Her: 26(F), $2k in credit card debt, no house, only asset is her car that she owns outright. Private and public loans at $153k. She makes $53,000 post tax and her industry cuts off around $100k pre tax.
I wrote it out as “In a divorce, he pays her out for the principal payments she made towards the house after marriage. He keeps the house no matter what. She pays him for bills he payed when she could not. All repayments made over time, no lump sum. Escrow and taxes split 50/50” Since we make close to the same and should grow into the same income range when we get paid more, we are strictly 50/50 with separate everything. The house will be the only thing with both names on it for ✨death✨ purposes.
Im confused on how community property state laws effect this prenup?
Is this prenup clause equally fair for both of us? For real tho like actually fair.
Am I missing something?
We plan on notarizing the document and using email chains to show mutual agreement. Thank you for your help!