Legal Question in Real Estate Law in Florida
If a widowed person has a house and decides to re-marry in the State of Florida, in the event they pass away or divorce, is the new spouse entitled to that property?
Asked on 6/26/10, 3:28 pm
1 Answer from Attorneys
Being widowed is not relavent. If you own a house in Florida and marry, then your spouse obtains marital (or homestead) rights to the property. It applies if you pass away, but in a divorce it would be an issue that your spouse could lose the rights to the realty.
If you are concerned, then you need to enter into a anti-nuptial agreement with them (preferably before getting married) to resolve this concern. It is highly recommended that each of you have separate independent legal counsels to help ensure the agreement is valid and holds up in court.
Answered on 6/27/10, 7:06 am