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

Asked about 1 year ago - 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.

Attorney answers (3)

  1. David Ivan Bliven


    Contributor Level 19


    Lawyers agree

    Answered . 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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  2. Morghan L Richardson


    Contributor Level 13


    Lawyers agree

    Answered . 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.

  3. Jayson Lutzky


    Contributor Level 20


    Lawyer agrees

    Answered . 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.

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