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Can a prenuptial be overturned when the directions of what a spouse is supposed to do but now refuses.

New York, NY |

we each owned a home we lived in, he owned two rentals and a business, I am a registered nurse. Since our marriage he has amassed four homes and land. He refuses to put me on the deed of our house in Florida or our condo. he will not make out a will that is stipulated in the prenuptial because I refused to sign it unless he did. I made 1,000,000 since we have been together he gets my pensions and 401K if I die.

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Attorney answers 3


From what I gather, your prenuptial requires him to put your name on the deed & he is refusing to do so - correct? Assuming same to be the case, it is advisable you retain an attorney at the least to draw his attention (in writing) to his default/violation of the agreement. That said, you should bring the agreement in to a NYC Matrimonial attorney for a full assessment of the issue.

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No, the prenup does not state that. I signed the prenup for property prior to marriage and business this was acquired after marriage.


You can bring an action to enforce the terms of the prenuptial agreement. Consult with an attorney to assist you and bring all the paperwork with you for the consultation.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


The short answer is maybe. I think your question doesn't address what it is that you hope to do - are you seeking to enforce the terms or invalidate the prenup (if a divorce were to occur). Seek out some lawyers to review your agreement and explore your options.

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