Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My husband of 35 years wants a divorce. He says he is going…

Customer Question
My husband of 35 years...
My husband of 35 years wants a divorce. He says he is going to pay himself back for his sole property. I did not sign a pre nep. Is that legal we have commingled all investments etc. all of our assets are in our trust.
Submitted: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
6/11/2015
Family Lawyer: Lucy, Esq., Lawyer replied 3 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
What state are you in?
Ask Your Own Family Law Question
Customer reply replied 3 years ago
Florida and our money was earned in Calif we live there for about 15 years do I need to keep all of our tax returns
Family Lawyer: Lucy, Esq., Lawyer replied 3 years ago
Thank you.
Florida will separate your property according to Florida laws since that's where you're currently living. All property accumulated during the marriage by either of you is marital property, subject to equitable distribution. Separate property owned by either of you that was commingled with marital assets is going to be treated as gifts to the marriage and is also subject to equitable distribution.
If your husband had things that were indisputably personal property, like a house he inherited during the marriage and rented out, keeping rental income separate, that's his. But he can't unilaterally declare that he should have some separate property and take it out of your joint accounts - it's impossible to separate once the money is all pooled together. You're each entitled to roughly half the money in each account.
Once the divorce is filed, there's an automatic restraining order on all accounts. He won't be allowed to just take the money out of them (other than for necessities like food and rent and required bills) without the judge's permission.
If your husband had substantial assets before you married, then it may be in your best interests to hire a local attorney to help ensure that you get your fair share. Florida law says that a judge can order your husband to pay your lawyer's fees if you can't afford someone one your own. Fl. Stat., Section 61.16.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
After an equitable distribution trial, judge ruled that I
After an equitable distribution trial, judge ruled that I was to deed 1/2 of a property to my ex-husband. He, in turn, is to re-imburse me for expenses associated with this property. The case is pendi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
I have a restraining order against my boyfriends ex wife.
I have a restraining order against my boyfriends ex wife.She is to stay away from me my son my home my car my job my sons school etc.She is not to harass stalk or try to contact me directly or indirec… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,380 satisfied customers
I need to file a restraining order for a person who doesnt
I need to file a restraining order for a person who doesnt live in the same city as I do. What court do I need to file the restraining order at? In the city where I live? or where she lives?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
After a 9 year marriage that is in the process of Divorce in
After a 9 year marriage that is in the process of Divorce in the state of Missouri, I have a few questions. There is no pre-nup and no dependents. 1. Are assets accumulated personally prior to marriag… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
Can I appeal a restraining order that was placed on me? The
Can I appeal a restraining order that was placed on me? The judge heard his side for over two hours and he had an attorney and when it was my turn to defend myself he would not let me speak refused to… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have temporary restraining order against my ex-husband due
I have temporary restraining order against my ex-husband due to his drug use and violence. On June 4th, I have to go to court to attempt to have a permanent restraining order granted. My ex-husband is… read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
A friend of mine put a Restraining order on her husband.
Hi, a friend of mine put a Restraining order on her husband. They lived together in broward county. Then, they separated and she moved to miami dade county, got a job and a place. They decided he woul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a non-resident of Oregon file a restraining order in
Hello Pearl; Can a non-resident of Oregon file a restraining order in Oregon against a spouse in their legal state of Washington? There is no past abuse or imminent danger, but she obviously lied and … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a temporary restraining order but have a hearing
I have a temporary restraining order but have a hearing coming up is the court going to have an issue or am l going to get in trouble for being in the same courtroom with my spouse?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Can you obtain a restraining order against a person that was
Can you obtain a restraining order against a person that was having and affair with your spouse and and the person had been told to have no contact, but they keep coming around. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
What are the prerequisites to obtaining a restraining order
what are the prerequisites to obtaining a restraining order served to another person and one served to an ex spouse?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have the paperwork to file the restraining order and the
I have the paperwork to file the restraining order and the documentation to accompany it with the clerk's office. Filing that is not an issue for me and I understand that him and i will be expected to… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
My dad is divorcing his wife. He has a restraining order
My dad is divorcing his wife. He has a restraining order against her. He is living elsewhere and she is still on his/her property. I own a vehicle that has been stored on their property for a couple o… read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
How common is it for "equitable distribution" to not be
How common is it for "equitable distribution" to not be equal. I always did the lions share of housework and child raising. (like 80-90%) I also worked far more hours at my business and contributed $1… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,380 satisfied customers
Ray NC law RE: Equitable Distribution and Consent Order. I
Hello RayNC law RE: Equitable Distribution and Consent Order.I understand a Consent Order is just that. The parties agreed and consented to certain things. As such, I believe this is typically not sub… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
NC, Equitable Distribution laws. Equitable distribution and
greetings-NC, Equitable Distribution laws.Equitable distribution and distributive award.E.D. Judgment: marital home is over-valued. . Broker used the courts over-valued sales price. . 6 months later b… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
Share of 50%of Equitable distribution pay tax? ( husband's
Share of 50%of Equitable distribution pay tax? ( husband's compensation )At the divorce settlement, Share of Marital assets, liquid assets, retirement accounts pay tax?Who's paying tax on?Wife has not… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
32,264 satisfied customers
Divorce settlement equitable distribution amount is up to
Divorce settlement equitable distribution amount is up to the date filed divorce or judgement of divorce? Ny.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x