Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement can affect the rights of third parties who are not part of the agreement. For example, a spouse’s ability to give property to a third party might be affected by the terms of a prenuptial agreement. In the case Rangel v. Rangel, 5D20-2366 (Fla. 5th DCA July 30, 2021), the court considered an appeal by the adult son of a husband going through a divorce regarding certain property given to the son by the husband.
Prior to their marriage, the husband and wife entered a premarital agreement. In pertinent part, the agreement stated the wife gave up any claims or rights in the assets, property and marital estate of the husband. The agreement further stated the spouses could dispose of and manage their respective properties as they saw fit. The husband later deeded real property to his son during the marriage. One year later, the wife filed for divorce and also sued the son to rescind the deed claiming that it was void because she was not involved in the transfer of the property (and that she was required to be included because of her interest in the property). The son countered that the terms of the premarital agreement made it so that the wife’s permission or joinder in the transfer of the property was not required because the property was owned by the husband.
The wife filed a motion for summary judgment, alleging there was no material fact at issue concerning her request to rescind the deed. The trial court determined after a hearing that because the property was homestead property, the wife was required to be joined on the deed transfer, and therefore the deed was void. The son appealed, arguing it was error for the trial court to grant summary judgment were the premarital agreement raised an issue of fact as to whether or not the wife was required to be joined on the deed transfer.
The appellate court agreed with the son and reversed the trial court’s summary judgment. The appellate court held “A waiver of all rights to homestead through a premarital agreement is valid under Florida law. See § 732.702(1), Fla. Stat. (1998); City Nat. Bank of Florida v. Tescher, 578 So. 2d 701, 703 (Fla. 1991). A spouse’s premarital waiver of ‘all rights’ in the homestead would be the legal equivalent of her predeceasing the other spouse. Tescher, 578 So. 2d at 701. If the premarital agreement was otherwise valid, it follows then that Amber’s joinder on a conveyance of homestead property by Jesus would not have been required to pass title.”
A prenuptial agreement can help you determine in advance what will be marital property versus separate property. Schedule a consultation with a Florida prenuptial agreement attorney to learn how this type of contract can benefit you.