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Thank you for your question. Please permit me to assist you with your concerns.Florida does not happen to be a 'community property' state--it happens to be an 'equitable distribution' state. The difference is while under community property all assets obtained while married becomes 50/50 owned by both spouses regardless of who is on title, Florida still looks to actual listed ownership and then splits the property based on fairness and equality rather than a straight 50/50 split. That means that if your name is XXXXX XXXXX one on the title for this property, the property does belong to you even though your spouse would have a potential equitable share. That property is not able to be pursued by creditors as it is not strictly marital, and that home, provided she is not on the title, does not become hers by default. In other states the answer may be different but in Florida her not being listed on the property would keep the creditors from being able to place a lien against the property.God luck.
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