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Prenuptial Agreement

Denson v. Denson, [Ms. 2180653, July 31, 2020] __ So. 3d __ (Ala. Civ. App. 2020). A plurality of the court (Donaldson, J.; Thompson, P.J., concurs; Moore, Edwards, and Hanson, JJ., concur in the result) reverses that portion of the Baldwin Circuit Court’s judgment of divorce awarding the wife an interest in a house titled solely in the husband’s name and treated as the husband’s separate property in the parties’ valid prenuptial agreement. The opinion explains

“It is undisputed that the husband possessed sole title to the house before and during the marriage, and the trial court found that the house was his separate property. When the wife assumed personal liability for the home-equity line of credit associated with the house, the parties did not take action to change the title to the house, i.e., the title remained in the name of the husband alone. Although the trial court’s reasoning for awarding the wife a portion of the equity in the house might have been valid if § 30-2-51(a) was applicable, the agreement was in this case valid and fully enforceable. Because the award of a portion of the equity in the house to the wife contravened the agreement, we reverse the judgment …”

Ms. ** 9-10.

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