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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32148
Experience:  JD, 16 years legal experience including family law
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I am a married 71 year old male. My wife is a flourishing Alcoholic.

Customer Question

I am a married 71 year old male. My wife is a flourishing Alcoholic. If I file for divorce
how would our assets and liablities be divided. We have a manufactured home worth about
$150,000 with a mortgage balance of$ $97,000.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

How long have you been married? Did you purchase the home during your marriage?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


we have been married for 19 years. We purchased the home in 2007.

Customer: replied 1 year ago.


19 years. We bought the home jointly on 2007.

Expert:  Tina replied 1 year ago.
I see. Thank you for providing this additional information.

A divorce court would typically divide the marital property equitably. Since the home was purchased during the marriage and has some equity in it, your spouse would normally be entitled to an interest in that equity, which is usually 50% but may be more or less depending on a number of factors.

Since FL courts equitably divide marital property, they will normally weigh these factors in determining what division of property is most "fair"--it may be a 60/40 split or some other proportional division.

Here is a link which sets out the factors a court would typically use:

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/8323d0f2ab6652fb85256adb005d627a!OpenDocument&Highlight=0,*

If, for example, a 50/50 split is fair, then the spouse who wishes to retain possession of the property would normally need to buy out the other spouse's interest in the property. This can be done in cash, or one spouse can agree to permit the other spouse to retain possession of other marital property of a similar value so each spouse retains possession in marital property of an approximately equal value.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32148
Experience: JD, 16 years legal experience including family law
Tina and 8 other Family Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you.

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