QUESTION

Am I not entitled to at least 50% of the house’s value if I paid for it but is in my wife’s name?

Asked on Jul 28th, 2015 on Divorce - Florida
More details to this question:
I purchased a home cash and put it in my wife's name. Now she is claiming it is her house and I have to get out. What rights do I have? I have nowhere to go.
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5 ANSWERS

John Arthur Smitten
Sounds like it is marital property to me so you would get half, correct. Use of a lawyer is recommended.
Answered on Aug 03rd, 2015 at 11:25 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Your rights can only be determined by a Judge. Generally the marital home is equally divided. You do not have to leave unless a court orders it.
Answered on Aug 03rd, 2015 at 12:46 PM

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Generally, when parties go through a divorce, the court will look at all assets and liabilities obtained and incurred during the marriage, and presume they are marital and subject to equitable distribution. This is a rebuttable presumption, and unless rebutted, the court will generally allocate and distribute the assets and liabilities on a fifty-fifty basis, regardless of how they may be titled. Unless there is domestic violence between you, the court is unlikely to make either of you move out until the case is disposed of. This is not necessarily what is best for all concerned, however, as living together in the same house while divorcing can be extremely stressful, especially if you have children together. Given the likelihood of divorce in your future, you should consult with an attorney to discuss the specifics of your situation and your options.
Answered on Aug 03rd, 2015 at 10:36 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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It is the marital home, right? What you need to do is go see a family attorney near you. The attorney will be able to have a full discussion with you and ask you questions and get answers.
Answered on Aug 03rd, 2015 at 10:24 AM

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Have you considered Mediation? Mediation is Fast, Effective and Affordable, and because MEDIATION IS REQUIRED FOR EVERY DIVORCE CASE IN FLORIDA, it may be a good option for you to consider at this time. Mediation can help you resolve your issues without the necessity of paying high fees for an attorney.
Answered on Aug 03rd, 2015 at 10:24 AM

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