Legal Question in Real Estate Law in Florida

Re: Rights of Married Woman regarding Property owned prior to Marriage

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 you are instructed to stop here, and do not read any further.

Unless there are issues which you have not disclosed here, your first step should be to get a new attorney who understands Florida law. Your understanding of the law is better than that of the attorney. Your spouse does not automatically own 1/2 of real property which was a pre-marital asset UNLESS you make a gift to him of an interest by virtue of a Quit Claim (or Warranty) Deed.

Generally, a premarital or prenupital agreement is entered into between couples of disparate wealth prior to a new marriage. Regardless, in regards to all premarital assets, a court will try to put the parties back in their same position as existed prior to a marriage upon a dissolution of marriage.

I stronlgy suggest that you consult with a qualified attorney who can provide answers to all of the myriad of questions you may have and to properly prepare your will.

Scott R. Jay, Esq., 305-249-8000

Re: Rights of Married Woman regarding Property owned prior to Marriage

Get a 2nd opinion.