Fill and Sign the Memorandum and Notice of Lease Agreement pdfFiller Form

Acknowledgement of Rights and Obligations Page 1 of 3 ACKNOWLEDGEMENT OF RIGHTS AND OBLIGATIONS RE: POSTNUPTIAL AGREEMENT REVOCATION BETWEEN: AND . I , hereby acknowledge my understanding of the following rights and obligations of the parties to a Postnuptial Agreement under the laws of the State of California: 1. ASSETS California is a community property state. All property acquired by a married person during their marriage while living in California is presumed to be community property. Upon death or divorce, the value of all community assets is divided equally in terms of value between both spouses. Both marital partners are equal agents of the partnership, and able to bind the partnership if acting within the scope of his or her authority and if acting for the joint benefit of the family. The California community property system adds to joint ownership the right of equal management and control. All benefits which come from either spouse's employment during the marriage are community property to the extent they are earned and/or accrued during the marriage. This can include retirement benefits, pensions, savings plans, stock purchase plans, 401k plans, sick and vacation pay, and stock options. If the benefits are not fully vested at the time of a separation, an allocation is made between the community and separate interests. Separate property is property: a) owned before marriage, b) acquired during marriage by gift or inheritance, or c) acquired after separation. Earnings, income or appreciation from separate property sources remains separate property. If there is a dispute about whether an asset is separate property, you must have proof that you acquired the separate property in one of these ways, and have documentation to trace the separate property back to the original source. If you use separate property to acquire property in joint names during the marriage, you are only entitled to reimbursement for the amount of the separate property contributed (no interest or appreciation) and again, you must be able to trace the contribution back to the separate property source. If you own a business prior to marriage, the community may acquire an interest in the business if the business increases in value during the marriage, depending upon the reason for the increase in value.
. Postnuptial agreements postnuptial agreements are intended by both parties to be part of a marital estate. The parties must be willing and able to protect their interests. If you want to add a postnuptial agreement at the time of the marriage, it must be in good faith, and you must be able to show the intent has been met, and it cannot be construed as a waiver of all rights or benefits under the law. 2. A postnuptial agreement must be in writing. If you are in doubt whether to sign a postnuptial agreement, it is best never to sign one. A postnuptial agreement is like a prenuptial agreement: a prenup is never approved unless it can be proven that both parties have met all the obligations to one another required by law and have been willing and able to meet those obligations and make the decision together. If you are not able to show your intention to use a postnuptial agreement, it is not appropriate for you to sign a postnuptial agreement. 4. A postnuptial agreement is a property interest in joint property. 2 3 2 2 4 4 – 2 3 1 6 6 - 8 3 - 3 4 1 7 7 - - 1 1 - 4 5 — i a joint and several property status is created when 2 or more property is acquired by a party and that property either: is acquired post facto, because the rights or benefits of one party were acquired prior to the other's death, or is acquired by gift, bequest or inheritance post-separation, under the laws of the state of California. For gifts, bequests and inheritances, the property must not have become diverted from the decedent for a period of more than 7 years, as determined under the laws of the state of California. Gifts may also be un-diverted (exchangeable) between the spouses by will post-separation or by a court order. Post-separation, transfers between spouses of a portion of personal property which were acquired post-separation, or bequests, if the nature of the gift, bequest or inheritance post-separation is not determined under the laws of the state of California, must be considered to be gifts, bequests, or inheritances with joint and several rights, unless an irrevocable power of appointment is included which is specifically excluded under the laws of California. 5 . Post