Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?
We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.
Does it help if my wife is willing to sign a paper (what kind of paper do I need and where I can get it?) saying that she will waive any property dispute in the future?
What should I do now?
Thank you very much for your help,
A: These are extremely important issues that you should ask a lawyer; this public website is not the place to try to do this.
A: The document that you are describing is called a postnuptial agreement. I agree that you should contact a local family lawyer to draft a document that meets all necessary legal requirements.
A: You and your wife will need to execute a postnuptial agreement - you will each need to seek legal advise from an independent attorney of your choosing. I agree with my peers that it is best you contact a family law attorney to schedule a consultation.
A: The document you will need to prepare in this case will be a post-nuptial agreement. As all my peers have stated, you should consult with an attorney and your wife will need to do the same before executing any documents waiving property rights. These issues are not to be taken lightly and a well-prepared document is extremely important to avoid issues in the future. Therefore, consult with an attorney that can assist you in the preparation of a post-nusptial agreement.
DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you have provided and are general statements that might not be applicable to your case based on other factors. We do not have an attorney-client relationship and you should consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in the State of Florida. Camila Martin, Esq.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.