Legal Question in Family Law in Florida
Division of properties
My husband and I were married in 2001 and had a prenuptial agreement stating that we would get a percentage of our homestead depending on the amounts each party paid. I paid for the house 100%, so I am not concerned about that issue. I have quite a bit of money in the bank and wish to purchase a second home as an investment (and for my mom to move into at a later date). The house would be in my name only. Is my husband entitled to half of that equity if we were to divorce? He has talked about divorcing for some time and has made it very clear that he will take me for whatever he can. He came into this marriage with over $60,000 in debt (unknown to me), which I paid off for him. He has now accumulated another $40,000+ debt in his name only. We have no joint accounts. Will I be responsible for paying half of his credit card debts upon a divorce. A divorce is inevitable. The only reason it hasn't occured yet is that I don't want to pay him off without knowing my rights and I hesitate to go to a lawyer and tip my hand. He was very underhanded and took his first wife through the cleaners and I don't want him knowing that I'm inquiring and doing the same to me. Please help!!
2 Answers from Attorneys
Re: Division of properties
What State are you in? You should meet with a lawyer discreetly. Without seeing the prenuptial agreement it is hard to tell what will happen, however, a prenuptial agreement typically requires full disclosure of all finances to be enforceable and his failure to disclose debts may be held against him.
Re: Division of properties
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The easiest thing to do is to buy the property but have your husband execute a quit claim deed at the same time directly back to you. If the title was in your name, you could probably sell it without your husband by adding a non homestead clause in the deed.
The terms of the prenupital should speak to this and would govern any disputes. You should read it carefully and have an attorney review it with you if you are not thoroughly comfortable with what you read.
Scott R. Jay, Esq.
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