Law Office of Steven R. Brenners

How Can Pre-Nuptial Agreements Affect Division Of Assets In A Divorce?

We like to think that prenuptial agreements will protect your assets. There is a recent case law in the state of Florida where a home was designated as the husband’s premarital property and he had a prenuptial agreement. However, during the course of the marriage, he paid down the mortgage. Because of that-and despite the prenuptial agreement-the court awarded the wife a percentage of the premarital home. So, if really want to protect the assets that you have, you have to be really careful. Florida law is ever-changing, and a well-drafted prenuptial agreement might do a better job of protecting the assets. It’s a good idea to check with your lawyer. If you want to protect an asset, then you may very well engage a lawyer to draft the prenuptial agreement for you, which will hopefully work toward protecting the assets that you’re trying to protect.

Why Is It Critical To Hire An Experienced Attorney To Handle A Divorce Rather Than Doing It Yourself?

There are many reasons to hire an experienced attorney to handle a divorce case. One reason is that the property might be tied in with the debt. If that’s the case, you’d want to make sure that the property is divided properly and that the debt that’s connected to that property is assigned and dealt with in a way that makes sense. Sometimes people don’t even understand the claim that they may have to the property of another. If one spouse bought a home prior to an eight, ten or twelve year marriage, and that spouse has been paying down the loan balance on the mortgage during the marriage, then the wife might think, “Well, the husband owned it before the marriage, and it’s in his name alone, so I’m just going to walk away from it.” Common sense would say that might be what you want to do, but the law in Florida is different. In this situation, the wife would actually have a money claim for a portion of the marital funds that were used to pay down the mortgage. Without the assistance from a lawyer, the wife may walk away from a sizeable distribution of funds to which she was entitled. So, it’s not always as clear as you would think. It’s not always whose name is on the deed or the title that describes whether or not you might have a claim on that asset. It’s always best to check with a lawyer who understands the complexity of family law before making a determination as to which property belongs to which spouse.

Additional Information On Division Of Assets And Debt In A Divorce

The laws in Florida are constantly changing. Equitable distribution, the distribution of real estate, personal property, investment property and the distribution of debts are all very complex parts of Florida family law, and they change frequently. It’s always best to consult with a lawyer and maybe even hire one. A lawyer can assist you with the distribution of assets to make sure that the distribution is fair and done according to the law. Even more importantly, you want to know that once the distribution is made, it’s over. You don’t want to be in a situation where one spouse owns property and the other spouse is responsible for the debt on that property. It’s a complex and changing aspect of the law, and it’s always best to consult with a lawyer who can knowledgeably guide you through it.

For more information on Pre-Nuptial Agreements In A Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 755-0126 today.

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