Divorce, Equitable Distribution, Court Set Listing Price Marital Property

In Ghannam v. Ghannam, the Fifth District Court of Appeals for the State of Florida decided that the trial court did not commit harmful error when it ruled that the Husband could not sell a marital property to his purported friend for $55,000 and that the property should be listed for sale for $95,000.

The trial court had initially ruled that the property be listed for sale by the Husband at a sale price consistent with a recent appraisal. The Husband entered into a contract to sell the property to a purported friend for $55,000. There is nothing in the opinion to suggest that the property was appraised for that amount.

The Wife moved for the court to determine the fair listing price of the property based upon market value. The trial court heard witnesses and admitted evidence at a hearing on the issue and ruled that the property should be listed for $95,000. The Husband appealed.

The Fifth District Court of appeals ruled that the listing price set by the court did not cause harmful error. That is the listing price was above the market price the property would not sell, but if it did sell the Husband and Wife would both stand to gain more than if the property were sold for $55,000.

In ruling as it did the Fifth District Court of Appeals ruled that on the facts before it a court can set the listing price for a marital home.

If you have questions related to your divorce, equitable distribution of marital assets and property, or the listing of a home as part of a divorce you are welcome to contact one of our divorce attorneys for a consultation to discuss your situation.

The Florida Premarital (Prenuptial) Agreement Statute

The Florida Premarital (Prenuptial) Agreement Statute provides some definitions, formalities, minimal restrictions on what the parties to a premarital or prenuptial agreement can agree to and states some of the circumstances when it will be unenforceable. Beyond the statute there is case-law dealing with premarital and prenuptial agreements to consider. If you want to consider a premarital or prenuptial agreement you should contact an attorney to help.

If you need to talk to a lawyer or attorney about a premarital or prenuptial agreement contact our lawyers and attorneys to arrange a consultation on (786)539-4935

The statute provides:

61.079 Premarital agreements.

(1) SHORT TITLE.—This section may be cited as the "Uniform Premarital Agreement Act" and this section applies only to proceedings under the Florida Family Law Rules of Procedure.

(2) DEFINITIONS.—As used in this section, the term:

(a) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

(b) "Property" includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.

(3) FORMALITIES.—A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.


(a) Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The establishment, modification, waiver, or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.

(5) EFFECT OF MARRIAGE.—A premarital agreement becomes effective upon marriage of the parties.

(6) AMENDMENT; REVOCATION OR ABANDONMENT.—After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.


(a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:

1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

(8) ENFORCEMENT; VOID MARRIAGE.—If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

(9) LIMITATION OF ACTIONS.—Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

(10) APPLICATION TO PROBATE CODE.—This section does not alter the construction, interpretation, or required formalities of, or the rights or obligations under, agreements between spouses under s. 732.701 or s. 732.702.