Legal Question in Real Estate Law in Florida

pre nuptual agreement

My FIL married for the second time. agreed second wife could live in apartment after FIL death expenses paid by trust after FIL passes. She has since left him but refuses to divorce. Does this mean that if she chooses when he passes away we will be held to this agreement? My FIL also says he may want to sell the property is he allowed to with this prenuptual agreement. ?

thank you for your help


Asked on 4/22/09, 3:49 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: pre nuptual agreement

Without reading the agreement , no one can answer. Generally, if there is no divorce, the agreemetn controls.

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Answered on 4/22/09, 4:02 pm
Robert Roemer Robert Roemer

Re: pre nuptual agreement

It is impossible to answer the question without reviewing the pre nuptual agreement. You should have a Florida attorney review the agreement

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Answered on 4/22/09, 4:05 pm
Walter LeVine Walter D. LeVine, Esq.

Re: pre nuptual agreement

While I agree with Dave and Bob that it is difficult to reply without seeing the Agreement and the language used, I will say that if the document was properly drawn it would/should have included language covering this type of situation. By way of illustration, many of these documents require that the parties be living together and that neither one have the right to file for divorce, to make it binding upon a death. Thus, the separation could give your FIL a basis for divorce which might negate the arrangement, even if she refuses to consent to it, and might also be considered an abandonment of her claim. The document and language needs to be reviewed. This is a reply to an Internet question and the reply is not intended to be legal advice and/or to constitute an attorney-client relationship.

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Answered on 4/22/09, 5:15 pm


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