QUESTION

Does my wife have rights to a house I paid for before we got married?

Asked on Aug 09th, 2013 on Divorce - Florida
More details to this question:
If you own your own home and you paid for it and you get married in Florida, can she take your house if you get a divorce and you don't have no children by her and the house is paid off before you get married? She did not pay nothing on it, I paid for it. It were my mother's house and she died and my brother and sister signed it over to me.
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4 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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She did not pay nothing means that she did pay something. You used at least two double negatives in your question. The answer is that If the home was paid for in full prior to the marriage, then she may not have any interest. During the marriage if you earn money it is a marital asset, and if you pay the mortgage with the money you earn, marital funds go into the real estate. It is quite a complicated thing and you will need to actually speak with an attorney to find out what, if any equitable interest she might have in the home.
Answered on Aug 13th, 2013 at 7:31 PM

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You don't say if you ever included your wife on the title to your house, but generally, if you paid off the house before the marriage, and it is titled only in your name before the marriage, it's a non-marital asset and is not generally subject to equitable distribution. However, your wife may be able to make a claim to one-half of the increase in value (if any) of the house during the marriage, if the increase can be attributed to factors other than passive market forces. If the fair market value of the house has not increased during the marriage, then it is most likely that she has no claim.
Answered on Aug 13th, 2013 at 9:13 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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In Florida her interest is limited to a percentage of the increase in value since the marriage. Due to the economy this has been zero for the past few years.
Answered on Aug 13th, 2013 at 8:55 AM

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John Arthur Smitten
If it is pre marital it is your house, however she can make a claim for the increase in value of the home while married, but not passive appreciation.
Answered on Aug 13th, 2013 at 8:42 AM

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