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I owned my house. my spouse filed for a divorce. He have a…

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I owned my house. my...
I owned my house. my spouse filed for a divorce. He have a interest in it. Home purchase prior to marriage. He been deceitful prior and throughout the marriage. Need to know my options. we have 25000 in debit by credit for etc, and home design. since I wouldn't sign deed his name on the house. it filed for divorce. he purchase a car for birthday. in his name, he wants back? can he do that. He gave me the following options. relieve him of the debit because name not on home or he will have an gain interest. He also have a pension schedule to receive. I have no interest. I just want him to pay his portion of the bills and move on. He think I have a interest in his pension.
Submitted: 2 months ago.Category: Family Law
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7/11/2018
Family Lawyer: Bill Attorney, Lawyer replied 2 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 3,002
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your divorce law question today. I'm attorney Bill assisting you in relation to the division of marital property in Florida upon divorce.

Separate property not subject to equitable distribution includes the following in Florida: property acquired before marriage and gifts and inheritances during the course of the marriage.

Property is divides equitably in Florida.

If your property was fully paid before the marriage your partner would have no equitable claim to the property.

If there were still payments outstanding your partner may be entitled to some percentage in equity.

Gifts are irrevocable so the car is something he couldn't claim back or pursuant to the divorce.

If you need further assistance please follow up with me.

In return by taking the time to rate positively today I get a credit for my time in assisting you.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 2 months ago
ok. I confused. I have a small amount still due on the house, how can he be able to receive equity. The marriage is only 3 years old. I had the house before the marriage.
Is there a law for the purchase of the car not to be given back, because it still in his name and he can stop making payment. the tag regrisitration is coming due. How can i renew it because he want.
what about the 25000 in debit. most of the debit is for the home. I hired a investigator team who found out he wasing using a dead man ssn card, mis filing his income tax return, and his intend was to gain my house from the start of the marriage. Can any of this can be use to help my case.
Customer reply replied 2 months ago
Is the car as a gift not part of marital asset. I have notary, he purchase as gift and videos. as far as interest in the house, can he gain equity once sale the house. can that be placed in writing. He have a large sum pension 300,00 in which I don't want because he earned that. I just want him to pay his portion of bills and leave the car.
Customer reply replied 2 months ago
The marriage is only 3 years. He due for his pension in September. he filed with his job income so he want show that receiving pension. Don't under how he can have equity . rent is not free. He abandon the marriage . it been 3 months . ??
Customer reply replied 2 months ago
you still there?
Family Lawyer: Bill Attorney, Lawyer replied 2 months ago

Thanks for your follow up.

These are separate legal issues in law, the gift and the division of marital property.

If the marriage was only three years then your partner's entitlement will be minimal.

Equitable distribution is determined using the following statutory system:

"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.

(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor’s estate to the obligee or the obligee’s estate, unless otherwise agreed to by the parties.

(3) In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:

(a) Clear identification of nonmarital assets and ownership interests;

(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;

(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;

(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.

(4) The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer, release, or acquisition which is recorded in the county where the property is located when the judgment, or a certified copy of the judgment, is recorded in the official records of the county in which the property is located.

(5) If the court finds good cause that there should be an interim partial distribution during the pendency of a dissolution action, the court may enter an interim order that shall identify and value the marital and nonmarital assets and liabilities made the subject of the sworn motion, set apart those nonmarital assets and liabilities, and provide for a partial distribution of those marital assets and liabilities. An interim order may be entered at any time after the date the dissolution of marriage is filed and served and before the final distribution of marital and nonmarital assets and marital and nonmarital liabilities."

Your question in relation to the gift a separate issue; under gift law a gift becomes irrevocable upon delivery and this won't be subject to equitable distribution.

Just a reminder your positive rating is how I get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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