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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2982
Experience:  Litigation Attorney with education focus on estate planning and tax
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My wife and I got together after first meeting and started

Customer Question

My wife and I got together after first meeting and started dating in may of 2014 , she sold her house that we both lived in and bought 5 acres in the country in November of 2014 with 20 thousand down payment of her money , but did not put my name on the deed . We are both living on the 5 acres and making payments with both of our incomes . We got married in January of 2015 , and have made plans to aquire financing using both of our credits and incomes to build a house on the property . I've asked her several times since we've been married if she would put my name on the deed along side of hers , which is actually still listed on the records as her x husbands last name . All other accounts she has changed her name to my last name respectfully ***** ***** refuses to have my name put on the deed with her . And has also told me to get off her property several different times during heated arguments . What should I do ?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be answering your question today.
“Equitable distribution” refers to the way that spouses in Florida divide their property and debts in a divorce. While some states have community property rules requiring an exactly equal division of marital property and debts, most states require only an “equitable” or fair division. Florida law requires an equitable division but also states that in most cases equitable means equal.
Since this property was acquired before the marriage, it would be considered separate property under Florida law and if you would ever get divorced, your wife would keep this property.
A spouse can change separate property into marital property (essentially making a gift of separate property to the other spouse) by changing the title into a form of joint ownership. A Florida court will presume that any property a couple owns as “tenants by the entireties” is marital property, even if one spouse acquired the property separately before marriage. Convincing a court to treat such property as separate will be difficult, if not impossible.
The increase in value of separate property during the marriage is also marital property if it resulted from the contribution of marital funds or the active efforts of either spouse. This includes efforts such as maintaining a home, or working in a business. So I would keep receipts and records of any improvements that occur if this is something that bothers you. Other than what I have outlined, there is not much else you can do.
Please let me know if I have answered your question and if so please rate my answer positively.
Expert:  Christopher B, Esq replied 2 years ago.
I see you have reviewed my answer. Do you have any further questions? If not, please positively rate my answer. Thank you!
Expert:  Christopher B, Esq replied 2 years ago.
Any chance for a positive rating?