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Marital Property

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Nouny

Member
What is the name of your state? Florida

My husband and I have been married 11 years. We had a prenup stating all assets prior to marriage were not marital property. Three years after we were married, he surprised me by adding my name to the title of his house. There were significant tax savings to him by doing that. We sold that property and have gone on to buy other properties and investments from those proceeds which for the most part are titled in both our names. We sold our primary residence August, 2019, as we wanted to move to France. He is a French National and through our marriage is now an American citizen. January, 2020 he took the proceeds from the sale of our home in Florida and put the house in France solely in his name. He says he did it for inheritance purposes and that I would have full right to stay in the house until I die. The only document I’ve seen that says this states something like “per the prenuptual agreement the house was purchased with assets acquired prior to our marriage and I have no right to the house. His son prepared that document and would be his sole beneficiary. It’s obvious to me that he is no longer acting in my best interest. My questions are: Am I right to assume that once he added me to the title of property that gives me 1/2 ownership? Even if I now no longer have a interest in French house, can he in any way sell investment property we own in Florida without my knowledge? I worked full-time until five years ago when he asked me to retire so we could travel, now I feel he’s taking away my security as I would have kept on working if I didn’t know we had assets together. I would like to go home and see a Florida attorney but I am in confined in France. Also, besides real estate we have purchased two boats during our marriage; however, they are titled in his name only, would they be considered marital assets as well?
 


zddoodah

Active Member
As an initial point, it appears that you are a resident of France. Therefore, you need to consult with a French divorce attorney. While you may need to file ancillary proceedings in Florida, and while Florida law may apply to some issues, the bulk of the issues will be resolved in France under French law, which is something no one here has any expertise in.


We had a prenup stating all assets prior to marriage were not marital property.
Is that really all it said?


Three years after we were married, he surprised me by adding my name to the title of his house.
So...he did something contrary to the prenup.


The only document I’ve seen that says this states something like “per the prenuptual agreement the house was purchased with assets acquired prior to our marriage and I have no right to the house.
"Something like" is inconsistent with the use of quotation marks (although I note that you didn't close the quote). I assume you weren't actually quoting anything.


Am I right to assume that once he added me to the title of property that gives me 1/2 ownership?
Maybe, but we can't opine intelligently about the effect of documents we haven't read.


Even if I now no longer have a interest in French house, can he in any way sell investment property we own in Florida without my knowledge?
What does the French house have to do with investment property in Florida?

And what do you mean when you say that you "no longer have [an] interest in [the] French house"? Did you previously have an interest in that house? If so, why do you think you no longer have that interest?

Regardless of how you answer those questions, it should be obviously that we have no way of knowing what your husband is capable of doing without you knowing about it.


I would like to go home and see a Florida attorney but I am in confined in France.
All lawyers in Florida have phones. I imagine most will also now offer video consultations.


we have purchased two boats during our marriage; however, they are titled in his name only, would they be considered marital assets as well?
That's pretty much exactly the definition of a marital asset.
 

Nouny

Member
What is the name of your state? Florida My husband and I have been married 11 years. We had a prenup stating all assets prior to marriage were not marital property. Three years after we were married, he surprised me by adding my name to the title of his house. There were significant tax savings to him by doing that. We sold that property and have gone on to buy other properties and investments from those proceeds which for the most part are titled in both our names. We sold our primary residence August, 2019, as we wanted to move to France. He is a French National and through our marriage is now an American citizen. January, 2020 he took the proceeds from the sale of our home in Florida and put the house in France solely in his name. He says he did it for inheritance purposes and that I would have full right to stay in the house until I die. The only document I’ve seen that says this states something like “per the prenuptual agreement the house was purchased with assets acquired prior to our marriage and I have no right to the house. His son prepared that document and would be his sole beneficiary. It’s obvious to me that he is no longer acting in my best interest. My questions are: Am I right to assume that once he added me to the title of property that gives me 1/2 ownership? Even if I now no longer have a interest in French house, can he in any way sell investment property we own in Florida without my knowledge? I worked full-time until five years ago when he asked me to retire so we could travel, now I feel he’s taking away my security as I would have kept on working if I didn’t know we had assets together. I would like to go home and see a Florida attorney but I am in confined in France. Also, besides real estate we have purchased two boats during our marriage; however, they are titled in his name only, would they be considered marital assets as well?
What is the name of your state? Florida

My husband and I have been married 11 years. We had a prenup stating all assets prior to marriage were not marital property. Three years after we were married, he surprised me by adding my name to the title of his house. There were significant tax savings to him by doing that. We sold that property and have gone on to buy other properties and investments from those proceeds which for the most part are titled in both our names. We sold our primary residence August, 2019, as we wanted to move to France. He is a French National and through our marriage is now an American citizen. January, 2020 he took the proceeds from the sale of our home in Florida and put the house in France solely in his name. He says he did it for inheritance purposes and that I would have full right to stay in the house until I die. The only document I’ve seen that says this states something like “per the prenuptual agreement the house was purchased with assets acquired prior to our marriage and I have no right to the house. His son prepared that document and would be his sole beneficiary. It’s obvious to me that he is no longer acting in my best interest. My questions are: Am I right to assume that once he added me to the title of property that gives me 1/2 ownership? Even if I now no longer have a interest in French house, can he in any way sell investment property we own in Florida without my knowledge? I worked full-time until five years ago when he asked me to retire so we could travel, now I feel he’s taking away my security as I would have kept on working if I didn’t know we had assets together. I would like to go home and see a Florida attorney but I am in confined in France. Also, besides real estate we have purchased two boats during our marriage; however, they are titled in his name only, would they be considered marital assets as well?
 

Nouny

Member
I am not a resident of France. I am here under spousal Visa. My husband and I were married in Florida and spent most of our marriage in Florida.
 

Litigator22

Active Member
How long have you been there? Regardless of your immigration status in France, you appear not to be a resident of Florida. ?
Do you mean to infer that Florida's marital property laws differentiated between spouses that are citizens of the U. S. and those that are not, and that the rights of a spouse that is a citizen of a foreign country depends upon the length of time they have resided in Florida? If not, then why your fixation on the OP's citizenship and length of her residence in Florida as if it they were material issues when they are of no moment?

And if Florida does not have in the least in rem jurisdiction to adjudicate what rights, if any, the OP may have in property situated in Florida, then who do you suggest has jurisdiction?
 

Nouny

Member
How long have you been there? Regardless of your immigration status in France, you appear not to be a resident of Florida.
How long have you been there? Regardless of your immigration status in France, you appear not to be a resident of Florida.
As stated, my husband bought a property in France in January, 2020 with the proceeds from OUR commonly held property. We sold our Florida home in August, 2019. We were tourists here on vacation. As of right now, I’m not a legal resident anywhere although we do own investment property in Florida. I am trying to return to Florida but cannot do so due to covid-19 confinement. I have lived in Florida consistency since 1975 and until 8/2019 had Homesteaded property in Florida. Why on earth would you assume France would have jurisdiction in divorce?
 

zddoodah

Active Member
Do you mean to infer that Florida's marital property laws differentiated between spouses that are citizens of the U. S. and those that are not, and that the rights of a spouse that is a citizen of a foreign country depends upon the length of time they have resided in Florida? If not, then why your fixation on the OP's citizenship and length of her residence in Florida as if it they were material issues when they are of no moment?
First of all, there's a difference between "infer" and "imply," it's not possible to infer anything by asking a question. Second, I did not intend to imply anything by my question. A question is a means for gathering information, not implying things. Third, I couldn't care less about the OP's citizenship or how long she lived in Florida before moving to France. I do, however, care about how long she has lived in France.


Why on earth would you assume France would have jurisdiction in divorce?
I do not now make -- nor have I ever made -- any assumptions about any aspect of French law.

It sounds like you are not a resident of Florida for purposes of filing divorce. Needless to say, I have no idea whether you or your husband could file divorce in France (or whether French law has residency rules like those in most or all U.S. states). Obviously, that's something only a French lawyer could opine about, but it seems very likely that your husband could beat you to the punch by filing for divorce in France. However, if you move back to Florida and re-establish residency there, then you can file divorce there.
 

Just Blue

Senior Member
I disagree. Take my recent question directed at my coworker, Bob:

"Hey, Bob, are you an idiot, or just a basic moron?"

I think that, with that question, I'm strongly implying that I do not have a high regard for Bob, and I think that Bob can infer the same thing.

:p
Poor Bob.
 

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