My house, car, bank account were before marriage and they are under my name only. If I decide for a divorce, are they include in any assets distribution?
Dear Anonymous:
Yes and no. How's that for a lawyer's answer. If these assets are solely in your name, then they initially are pre marital property, not subject to division by the court. HOWEVER (note-this is a BIG however), if marital monies (ie: money either your spouse or you) earned during the marriage) were used to make mortgage payments, improvements to the house, or in the case of the car, car payments, then your spouse may have a claim to some marital portion of these assets. Similarly, as to your bank account, if you left it alon and did not deposit any marital money into it, then it will likely remain non-marital, and not subject to division. If, HOWEVER (there it is again) you deposited, for example, your pay checks during the marriage into the account, then it has lost its non-marital character and would be subject to division in the divorce.
If you have commingled these assets, you may still have a claim for an unequal distribution of the property, but that is more complicated to prove to a court. If you have good records of these assets, payments, accounts, etc. that is a good place to start to help you with your case.
Good luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd.,Ste 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
In Florida any assets that you had prior to the marriage and which remain in your sole name are not considered marital assets subject to a divorce. There are some cases when a non marital asset takes on marital significance. For example if your spouse is added to the deed to your house, or if you refinance your home during the marriage and your spouse is added to the loan, or if you do significant renovations like a new roof or new kitchen on your premarital home during the marriage. Absent these special circumstances, your premarital assets should remain your separate property.
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