Legal Question in Family Law in Florida

Premarital agreement

In the state of Florida, when I get married, does my new wife automatically have rights to my house in my name if I die? Would I need to stipulate that in the premarital agreement?


Asked on 2/13/07, 8:39 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Premarital agreement

1. Yes

2. if that is what you want, I would.

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Answered on 2/13/07, 11:54 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Premarital agreement

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.

Yes and no. Your new wife may have some right to your property in the event of your death. If the parties should divorce, the courts will generally find that the party who owned the property prior to marriage should retain his or her ownership.

This should all be set forth in the prenuptial agreement which you mentioned. I would strongly suggest that you retain a qualified attorney to work with you on drafting the same in order to ensure that it is written and executed properly.

Scott R. Jay, Esq.

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Answered on 2/13/07, 12:30 pm
Michael Stewart Michael D. Stewart

Re: Premarital agreement

Have an attorney do your prenup.

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Answered on 2/13/07, 3:18 pm


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