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?
2 Answers from Attorneys
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.
Re: Married in Mexico under Separate Property is valid in USA?
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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.