Legal Question in Family Law in Florida

Married in Mexico under Separate Property is valid in USA?

I am American Citizen Married with a Mexican citizen 10 years a go,

We married under �separate property state� in Mexico then we move to Florida USA.

The house deed is under his name and my names only appear as spouse.

Now getting divorced;

Can he make effective this prenup clause on the divorce under Florida law?


Asked on 12/08/07, 5:14 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Married in Mexico under Separate Property is valid in USA?

The place of marriage has no effect on your divorce. What matters is the place of divorce. Florida acts more like a commmunity property state than a separate property state, so if your name is on the deed (even as spouse), you are entitled to half the equity in the house.

Prenuptial agreements are generally honored under Florida law. There are some exceptions, though, and you should speak to a lawyer about the exceptions.

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Answered on 12/09/07, 1:57 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Married in Mexico under Separate Property is valid in USA?

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.

I am sorry but your question makes no sense. You will have to explain the situation better. Mexican laws do not affect a Florida divorce. Was there a prenuptual agreement? If so, what did it say? Generally, it only affects property owned prior to the marriage and the proceeds of the same. You may need to have an attorney review your paperwork and then advise you of your legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 12/08/07, 5:17 pm


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