QUESTION

How will my home be divided now that he wants divorce?

Asked on Aug 14th, 2013 on Divorce - Florida
More details to this question:
I bought a home during my marriage with money from a home I inherited. I have been married only 2 and half years. I contributed to the home alone, paid all my taxes on the home, no accounts were commingled, and home was paid in full. There are no children. My spouse did not put anything into this home or contributed. The deed was signed jointly but circumstances that I didn't agree with.
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4 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You will need to get to an attorney and it appears that you might be able to claim a special equity in the home.
Answered on Aug 15th, 2013 at 8:02 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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If there is no agreement this is an issue for the judge to decide. You need to ensure you ask for "unequal distribution" in the Petition as to equitable distribution.
Answered on Aug 15th, 2013 at 8:02 PM

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John Arthur Smitten
If the deed is in both names then is is presumptive a marital asset so the burden of proof is on you to prove otherwise.
Answered on Aug 15th, 2013 at 7:59 PM

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There is a rebuttable presumption that the home is a marital asset subject to equitable distribution by the court, because it was purchased during the marriage, and is jointly titled. However, you may be able to rebut that presumption and argue that it is a non-marital asset because it was purchased and paid for entirely with non-marital assets (the inheritance), and was jointly titled strictly for estate planning or other reasons, not intended to be a gift of a half interest in the house. You will need an attorney, as this is not generally something most people can successfully do on their own, and there are statutes and case law authorities that will need to be presented and argued to the court.
Answered on Aug 15th, 2013 at 7:36 PM

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