Legal Question in Real Estate Law in Florida

Does a woman's future spouse own half her home as of her wedding day, even if the furture spouse's name is not on the deed?


Asked on 9/02/10, 11:39 am

2 Answers from Attorneys

No, but part of the answer may be under divorce law. Especially if there is an anti-nuptial agreement. If she survives her spouse, then it is under probate law.

Under probate law, if she survives her spouse, it is their homestead and her name is not on the deed, she at worse gets a life estate. Depending upon if he has minor children, and if he has a Will, can make a difference to this answer giving more of an ownership interest.

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Answered on 9/07/10, 3:47 pm
Lesly Longa Longa Law P.A.

No, but that would be the case if you purchased it together as husband and file. In your scenario, he would be considered the surviving spouse if you died first without a will and if the house is his homestead he would get it for the rest of his life. Consult with an estate planning attorney about doing a will and perhaps a post-nuptial agreement. Regards,

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Answered on 9/09/10, 9:37 am


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