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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30154
Experience:  Attorney with experience in family law.
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My husband of 35 years wants a divorce. He says he is going

Customer Question

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: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
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?
Customer: replied 2 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
Expert:  Lucy, Esq. replied 2 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.
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