Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
What is a patent ambiguity in a Florida prenuptial agreement? According to a recent Florida appellate case, this is an a clause in a contract which is “readily discernible on the face of the instrument, arising from language that is ‘defective, obscure, or insensible.’” Martinez v. Bustamante, 3D25-0286 (Fla. 3d DCA March 25, 2026).
The parties entered a prenuptial agreement which contained the following clause: “[t]he marital domicile shall be occupied by Wife until her death or occupied by Husband until his death.” The trial court took parol evidence on this disputed provision, and ultimately declined to give it any effect, holding it was “ambiguous, and clearly was a mistake.” The former wife appealed, arguing the clause was meant to give her a life estate in the house, as established by the parol evidence.
The appellate court held “The language here is readily discernible as defective—it purports to give both parties the same right to occupy the same property. The language is also insensible. This is so because occupying a property generally means to the exclusion of others, presumably—and perhaps especially—including a newly divorced ex-spouse.” The court concluded “Despite erroneously reviewing parol evidence, the trial court reached the correct conclusion. After carefully reading the contract as a whole and applying the canons of construction, we are unable to discern the relevant language’s meaning without rewriting the contract and inserting terms not present. The term therefore cannot be enforced.”
This article is not legal advice. Schedule your consultation with a Miami family law attorney to determine the next best steps in your case.