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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54827
Experience:  Attorney with 29 years of experience.
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Rights to my home, florida, no, no

Customer Question

rights to my home
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Legal
Expert:  Richard replied 6 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 6 months ago.

How can I help? Thanks.

Customer: replied 6 months ago.
i live in florida. me and my wife are getting a divorce, need to know do i have any rights to my home when it is sold, i guess ,
am i intitled to anything. my wife says no
Expert:  Richard replied 6 months ago.

Thanks for following up. Was this house purchased during your marriage?

Customer: replied 6 months ago.
no
Expert:  Richard replied 6 months ago.

So, your wife owned it prior to your marriage? And, were any mortgage payments made on it during the term of your marriage? And, were any improvements made to the property during your marriage? If so, how were those payments and costs paid for?

Customer: replied 6 months ago.
we were together, but not married when the house was purchased, my wife did purchase the home with her one money and the home was put under her moms name because neither one of us was 55yrs of age at the time. at the time it was to look like her mom bought the house because of my wife not being 55 yrs old
Expert:  Richard replied 6 months ago.

And, is title still in your wife's mom's name?

Customer: replied 6 months ago.
it was transferred to my wifes name once she turned 55 yrs old, and then we got a mortgage from quicken loan under both our names
Expert:  Richard replied 6 months ago.

Thank you! Given the facts..i.e., that it was purchased before marriage and with your wife's money and the title is in her name, this would be a nonmarital asset and the house itself would not be divisible upon your divorce. BUT, if any marital property has been used to make principal payments on the mortgage and/or to pay for any improvements to the property, you would be entitled to be reimbursed your 1/2 of the marital property so used . ALSO, upon your divorce, although marital assets are presumed to be divided 1/2, Florida is an equitable distribution state and the court is allowed to consider other factors in determining whether one spouse is entitled to more than 1/2. This is covered under Florida statute Section 61.075 which I have provided below. Under this section, the court may determine that you may be entitled to a greater share of marital assets. I have highlighted in bold, underlined, italicized text the specific provisions that could be helpful in that aspect.

61.075 Equitable distribution of marital assets and liabilities.--

(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse's nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 6 months ago.
thank you very much for all your help answering my questions.have a nice day
Expert:  Richard replied 6 months ago.

You're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.