A thought, it could be wrong. If you have a prenup that says you have this money and it is yours can you use that amount that is already separated and have it remain just yours? It would seem that you just move this already protected asset into a different form. In some states, perhaps all, you can get a legal form filled out that says you do not own the property. It is in a trust that is yours. Perhaps you could buy ( cash) and just have that kind of lawyers trick keep this separate?

But if you are going to get a mortgage with both your names on it a prenup should not apply at all. It is after marriage finances then.

No matter what you need good lawyers, here and at home. This sounds like it could be very complicated.

Hi Jose,
This would be a good question for a real estate attorney licensed in Florida. But the way I understand it, Florida is a state which developed its ownership laws based on the idea that a husband and wife are one entity in ownership. So, when a property is purchased after marriage by either husband or wife, or both, they have a "tenancy by the entireties" - a joint tenancy with rights of survivorship. The deed doesn't even have to state this tenancy because by being married, the estate is implied. If you were married before you make the purchase, you have the joint tenancy with rights of survivorship.

What this means is that you and your wife would have equal ownership of a property purchased here. If one of you died, the other would become the sole owner of the property. If you were divorced, or your marriage was annulled, the tenancy of the property would change. It would become a "tenancy in common", with each of you having a percentage of interest in the property - and the courts would decide it. If you had property here before you were married, it would be considered yours alone - but if you're married when you buy it, you are "one" - for better or worse!

Hope this helps -
Julie Pearce
Keller Williams Elite Partners
352-428-1205

PLEASE CONTACT A REAL ESTATE ATTORNEY IN FLORIDA BUT ALSO CHECK WITH YOUR ATTORNEY IN YOUR COUNTRY. THIS COULD BECOME A BIG ISSUE WHEN YOU TRY TO SELL THE HOME.

Hi Jose,

If you are married it is unlikely you will be able to buy the house on your own if it is considered a primary residence. It may be possible if it is considered an investment property.

The best advice I can give you is to contact a good Real Estate attorney in your area. Tell them what you want to do and let them guide you.

Nadine Mauro
The Herman Group Real Estate
561-414-0864
NadineMauroRE@yahoo.com