QUESTION
Can my future husband claim part of this condo in a divorce?
Asked on Dec 19th, 2016 on Divorce - Florida
More details to this question:
I am getting married. I own a condo but I am still making payments and owe less than half.
3 ANSWERS
John Arthur Smitten
He can make a claim for the enhancement in value of the condo, yes.
Answered on Feb 16th, 2017 at 5:42 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, even though the condo was your separate property prior to marriage, if you make mortgage payments with income you earn during the marriage, like from employment, that income is marital and the condo, though still an essentially non-marital asset, will acquire a marital component, the value of which will be determined at the time of divorce in accordance with a case call Kaa. There are things you can do before getting marriage to try and protect your pre-marital assets, such as entering into a prenuptial agreement. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Feb 16th, 2017 at 5:42 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The answer to your question is yes. Payments made on the mortgage after marriage are a marital investment. So, the interest that the spouse accumulates is one half of the mortgage reduction after the marriage.
Answered on Feb 15th, 2017 at 9:30 AM