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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35819
Experience:  Attorney with 16 years experience
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If I signed a prenup in Florida and she never disclosed her history as an alcoholic, is th

Customer Question

If I signed a prenup in Florida and she never disclosed her history as an alcoholic, is that fraud and cause to throw out the prenup? The prenup states any proceeds from a premarital asset are hers. She put some into our marital home which is in both our names (in MA).
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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The prenup deals with the assets that both parties bring into the marriage and what happens to those in the event of a divorce. So it might be considered fraud if she had additional assets that she never disclosed so you could make an informed decision. But failing to disclose that she had a drinking problem wouldn't be fraud with regard to the prenup.
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However, if she was an alcoholic and failed to disclose this to you, that could be fraud under the marriage laws and could give you legal grounds to have the marriage annulled, which would in turn cause the prenup to be moot. But you would have to file a legal action to annul the marriage withing a reasonable time after becoming aware of her alcoholism. So if you did so within a year after discovering this, I would opine that would be reasonable. If you waited 5 years, probably not.
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But if she put her separate property into the marital home, then you can argue that she voluntarily commingled those assets with marital assets so they become entirely marital and should be divided evenly in the event of a divorce.
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thanks
Barrister
Customer: replied 1 year ago.
So, since she could have put it in her name only, because she did put in in both our names, the house could be considered comingled and would fall under purchased during the marriage clause. That clause states that it will be divided by title unless otherwise stated in the prenup
Expert:  Barrister replied 1 year ago.
""So, since she could have put it in her name only, because she did put in in both our names, the house could be considered comingled and would fall under purchased during the marriage clause. That clause states that it will be divided by title unless otherwise stated in the prenup""
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Correct and that is exactly what I would argue. If she had taken her separate funds and bought a house in her name only, it would continue to be her separate asset. But the fact that she added you on the title would show an intent to gift you half of the asset and make it a marital asset that would be subject to division in a divorce.
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thanks
Barrister