QUESTION
what is the process to change a piece of property that is listed in a post nup? can the property be sold and subsitiuted for a new one?
Asked on Sep 23rd, 2018 on Family Law - Florida
More details to this question:
I have a post nup with my wife. In case of divorce she gets one home and I get the other. we are in the process of buying a home in North Carolina so I am considering selling the home that I would get that we are presently living in. My question is I would like to change the post nup to reflect the change in properties.
1 ANSWER
Family Law Attorney serving Coral Gables, FL
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David B. Mitchell, P.A.
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Thank you for your question.
You can create an addendum to the prenuptial agremeent to reflect the change in circumstances surrounding the agreement's teatrment of the house you were to get in the event of divorce. You will need to have a brief session with an attonrey in the family law field as you need sufficient consideration (i.e., something for whcih both parteis have bargained) in order to support a substnatial change in the existing prenuptial agrement. So, the language will be implortant as well as proper exectuion of the new agreement. This is not complicated but must be done properly. In the event of a divorce, spouses will look for any flaw to set aside a post-nup.
Good luck and enjoy North Carolina!
Answered on Sep 23rd, 2018 at 3:10 PM