View Larger Image. By: Jonathan Schiller In general, an asset acquired prior to marriage is a non-marital asset that is not subject to equitable distribution under Florida law.
Divorce and Property Division: Gifts and Inheritances
Kaaa Parties were married in Although the parties refinanced the property several times, Husband never transferred any interest in the home to Wife during the marriage. Throughout the marriage, the parties paid all of the mortgage payments, insurance premiums, taxes, and maintenance expenses of the property from marital funds, and also used marital funds to improve the residence, installing or constructing a carport.
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Property Division in a Florida Divorce
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What Are the Florida Divorce Laws Regarding Splitting of Assets & Alimony?
The revisions to the language in Article X Section 4 of the Florida Constitution after made clear that abandonment is no longer an issue of consideration. In Scholtz , the Florida Supreme Court determined that even though a spouse had effectively abandoned her husband prior to death, left the marital home without the intention to return, that because the language in the constitution makes no reference to abandonment that it is not a relevant basis to overturn the constitutional protection. That means for all practical purposes that if you are separated from your spouse but not divorced you cannot convey away your homestead residence even if your spouse no longer lives there and you hold title alone.
Alternatively, if you are still with your spouse, and you both decide to convey the property to a third party, make sure he or she is also on the instrument conveying ownership so that you provide a valid transfer.
If you have questions about this issue give us a call. Our office offers no obligation free consultations and we are here to help. I currently went through a divorce and trying to sell my home my husband is not agreeing to anything such as listing price, dropping price.
Angela, sorry to hear that. Your final dissolution of marriage should set forth the rights of you and your ex-husband vis a vi the property. Give us a call to discuss your particular case in detail at your convenience.
Marital and Nonmarital (Separate) Property
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Brice Zoecklein - author.