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Watch Out and Seek an Attorney’s Advice Before Signing Away Your Rights in a Prenuptial Agreement

What should you know about Prenuptial Agreements and the Waiver of Real Property Rights before you sign a Prenuptial Agreement? 

There was an interesting case in Florida Law Weekly regarding this point as it relates to Real Property, Homestead, and validity of a Prenuptial Agreement. In 46 Fla. L. Weekly D1731a, there was a good discussion on Real Property—Homestead—Conveyance regarding the validity of a prenuptial agreement. 

In Rangel v. Rangel, the 5th District Court of Appeals ruled that it was an error to grant a motion for summary judgment invalidating a deed conveying title to real property from plaintiff’s husband to the defendant without considering the premarital agreement between plaintiff and her husband. The appellate court ruled that waiver of all rights to homestead through a premarital agreement is valid and would be legal equivalent of predeceasing the other spouse. 

In this case, Moises Rangel appealed the trial court’s order granting Amber Rangel’s motion for summary judgment. The order granting summary judgment invalidated a deed conveying title to real property from Moises’ father, Jesus Rangel (Amber’s husband), to Moises. Moises argued in the appeal that the existence of a premarital agreement creates a genuine issue of material fact, precluding summary judgment. The appellate court agreed that the trial court erred in granting summary judgment without considering the premarital agreement and reversed the trial court’s ruling. 

Protecting Your Rights

That is why it is so important to make sure that your prenuptial agreement is tediously and meticulously drafted to protect your rights. Depending on which spouse you are in the prenuptial agreement, it could affect your right to keep your property, or your right to obtain property that you may think you are validly entitled to have earned during the marriage. Examining this case, the court pointed to language in the prenuptial agreement: 

1. That Jesus B. Rangel and (Amber) shall remain independent of each other insofar as each other’s enjoyment and disposal of real, personal, or intangible property whether owned by them before their marriage or acquired any time thereafter, and each shall retain the right to manage their affairs as they see fit.  
2. That (Amber) disclaims and releases all rights or claims, whether actual, inchoate, or contingent, in the assets, property of marital estate of Jesus B. Rangel as he might have had or may eventually acquire by reason of being the husband of (Amber). 

The Results of Rangel v. Rangel

In this case, in October 2016, by quit claim deed, Jesus transferred certain property to his son Moises. The following year, Amber filed for divorce from Jesus and filed a Verified Amended Complaint against Moises seeking to vacate or rescind the deed because she never joined in the conveyance. In his answer, Moises raised the premarital agreement as one of his affirmative defenses, arguing that Amber was bound by the agreement, pursuant to which, the property, originally owned solely by Jesus, never became joint homestead or marital property and thus, Amber’s joinder was not required. 

The 5th District Court of Appeals discussed a waiver of all rights to homestead through a premarital agreement is valid under Florida law. The court stated that the spouse’s waiver of all rights to homestead would be the legal equivalent of her predeceasing the other spouse. That is why you must be careful when you sign a prenuptial agreement. It is best to have an experienced attorney review the document for you so that you do not waive valuable real property rights.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.