Can Premarital Property Become Marital Property Even With a Valid Prenup?

A prenuptial agreement is supposed to settle, in advance, what happens to certain property if a marriage ends. But what if the parties’ behavior during the marriage suggests one spouse intended to share that property anyway? Can a spouse’s actions override a written agreement without ever changing the title on a deed? The Florida Supreme Court confronted this question in a closely watched property dispute.

Background of the case

Before marrying, the parties signed a prenuptial agreement providing that each spouse would keep their own premarital assets, along with any appreciation of those assets, if the marriage ended. After more than two decades of marriage, the wife filed for divorce, and the parties disputed whether two pieces of real property, both owned by the husband before the marriage, had become marital property despite the agreement.

The wife argued that although the properties remained titled in the husband’s name, the couple had treated them as shared family property throughout the marriage. The trial court agreed, finding that the husband’s conduct amounted to an interspousal gift of an interest in the properties to the wife, making them marital assets subject to equitable distribution.

The Supreme Court’s analysis

Under Section 61.075 of the Florida Statutes, courts may find that nontitled property became marital property through evidence of an interspousal gift, even where a title was never formally changed. The question on appeal was whether competent, substantial evidence supported the trial court’s finding of donative intent, given that a formal prenuptial agreement existed excluding premarital property from distribution.

The Florida Supreme Court held that the appropriate standard for reviewing this kind of factual finding is whether competent, substantial evidence supports it, not whether the appellate court might have weighed the evidence differently. Applying that standard, the court found the trial court’s conclusion that the properties had become marital assets through interspousal gift was adequately supported by the record, and it reinstated the trial court’s judgment.

Key takeaways

This case shows that a prenuptial agreement, while a powerful planning tool, does not necessarily freeze the classification of property for the entire length of a marriage. How spouses actually treat an asset during the marriage can matter just as much as what a contract says on paper. Couples relying on a prenuptial agreement to protect premarital property should understand that consistent, careful treatment of that property over time may be just as important as the agreement itself.

Talk to a Largo, FL, Prenuptial Agreement Attorney Today

Do you have questions about drafting, enforcing, or challenging a prenuptial or postnuptial agreement? Our Largo family attorneys at Cairns Law, P.A. can help you understand how your property may be classified if your marriage ends. Call our office today to schedule a consultation, and let us help protect your interests.

Source:

law.justia.com/cases/florida/supreme-court/2017/sc15-1881.html