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May I opt out of the community property system?

Yes. Parties may opt out of California’s community property system by entering into a valid prenuptial agreement. Prenuptial agreements have historically been frowned upon and are often difficult to enforce. While the courts have been more willing to uphold prenuptial agreements in recent years, careful planning, expert drafting, and strict adherence to the provisions of the prenuptial agreement are still necessary to ensure its enforceability.