The Florida Supreme Court Looks at Donative Intent in Divorce

Florida Supreme Court

The Florida Supreme Court heard a Family Law case on the distribution of property in a marriage where a prenuptial agreement was in place and a party claimed donative intent to demand a property interest not granted to them in the prenup.

The case focused on the standard of evidentiary review in an appeal but its effect goes beyond a simple legal analysis. The case focused on whether a couple who has a prenuptial agreement that required that all properties titled in an individual’s name remain their property in divorce.

The wife’s lawyers successfully argued that property titled in husband’s name should be equitably distributed because he bought the property for purposes of the marriage and was the marital home for many years. She successfully argued that her husband had donative intent.

The American Academy of Matrimonial Law Florida Chapter claims this ruling awaiting final decision sets a precedent that opens the door for broad interpretation of donative intent in martial properties even with premarital agreements in place.

Therefore, if you are a person in the Tampa area with a large property portfolio and would like to make sure they are adequately protected, please contact us at FL Legal Group call 800-984-9951 so that we can advise you of your rights.

Reference: Florida Record

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