How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
9968427
Type Your Family Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

Me and my husband bought a house in St. Sugustine Fl. My name

Resolved Question:

Me and my husband bought a house in St. Sugustine Fl. My name is XXXXX XXXXX title but not the morgage. He has a history of cheating and pretty much pushed me out of the house so he could move in another women. He is paying all the bills for where I'am now and the apt. is in his name. I have been trying to get a job, I got my license re-instated but have not found one yet.
I'm afraid when the lease is up, he will stop paying for everything and I do not know where I will go. My question is. If that happens, do I have the right to move back into the house?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Unfortunately you may not move back into the house absent a court order or your husband's consent. Since you have moved out of the house, you no longer have occupancy rights to the house.However, once you do divorce, the house appears to be a marital asset subject to equitable distribution by a court.


Here is why.

Florida is an equitable distribution state. This means that in the event of a divorce the "marital property" is "equitably" divided by the court. Property that is "separate property" is not divided by the court.


Separate property (not subject to property division) includes inheritances, property owned before the marriage, personal injury awards, and gifts given to only one spouse.


Marital property (subject to equitable distribution) is basically anything that is not considered to be separate property and most income and appreciation on separate property that occurred during the marriage. Income attributable to the efforts of either spouse is marital property.


An "equitable distribution" means fair, not equal although it often is. The court in determining what is fair looks at the duration of the marriage, the assets and liabilities of the spouses, the monetary and nonmonetary contributions of each spouse and any other factor that the court expressly finds to be relevant and equitable.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER
Customer: replied 6 years ago.
So I have no right to the house at all even if my name is XXXXX XXXXX title, unless we divorce and sell it? You said I would have to get a court order, How would I do that?
Expert:  Ellen replied 6 years ago.
So I have no right to the house at all even if my name is XXXXX XXXXX title, unless we divorce and sell it?
correct

You said I would have to get a court order, How would I do that?
You would need to file for divorce and request occupancy of the marital residence
Customer: replied 6 years ago.

I will except the answer, but may I ask another quik question?

If I divorce and get alimony, is there a time limit for how long it is paid in Fl.?

And was the other lawyer right..I'm intitled to more after 7 years?

Expert:  Ellen replied 6 years ago.
Hello,

Typically alimony is paid for approximately half a length of the marriage. It is more likely to be awarded if the marriage is 7 or more years in duration
Ellen and other Family Law Specialists are ready to help you

Related Family Law Questions