QUESTION

How is the Joint checking account prior to divorce handled. We are on social security, I only get $983.00, while husband gets $2750.00. He thinks all

Asked on Feb 26th, 2016 on Divorce - Florida
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expenses now before divorce and sell of the house should be split 50/50. I will be in the red every month, so he thinks when the house is sold and we split what we get on the sell 50/50, I will owe him money from the monthly bills prior to the divorce. Isn't a joint account while still married, what's yours is mine and what's mine is your? He brings in almost 3 times the amount I do, and this idea would tie up all my money to where I can't put anything aside to save to look for an apartment or a place to store my things. He will be going to live with his son. I was also told that no one could be living in the house while it's up for sell or being showed. So what am I to do? Thank you.*Can you please email me, since I can't talk on the phone because he is always here?*
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1 ANSWER

Property owned at the time of filing is generally split 50/50 upon divorce.  That would include the amount in any marital bank accounts, regardless of whether the account is in joint or individual names.  Ongoing maintenance, upkeep, and bills related to the property do not necessarily follow the same rule.  In cases where there is a disparity in the financial resources of the parties, the court may (upon request) grant temporary support from one party to the other to assist with the financial needs of the other party.  This would not necessarily be recouped by the financially superior party upon the sale of the house.  Also, it is not correct that no one can be living in the house while it is up for sale or being shown.
Answered on Feb 29th, 2016 at 7:45 AM

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