QUESTION

If I bought my home two months prior to our marriage, deed and notes to the bank are all in my own name only, who will bet the house?

Asked on Feb 17th, 2014 on Divorce - Florida
More details to this question:
My spouse has two children from her previous spouse.
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4 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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A complete review is necessary. If marital funds were used to pay the mortgage, the spouse has an equitable interest in the home.
Answered on Feb 20th, 2014 at 5:59 PM

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Although you purchased the house prior to the marriage, you apparently made payments on that house with income you earned during the marriage. Therefore, the pre-marital house has some marital characteristics, and there will be some equitable distribution issues with regard to the house during your divorce. You should consult with a family law attorney.
Answered on Feb 20th, 2014 at 5:56 PM

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Alimony Attorney serving Key West, FL at Sheri Smallwood Chartered
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Because you purchased the house before the marriage and it has remained in your name alone, it fits the definition of non-marital property. Purely passive appreciation due solely to market conditions, would likewise be non-marital. If you made payments on the house with marital money, the increase in equity would be marital. Similarly, if you made improvements to the property with marital money or marital effort and labor, and the improvements caused the property to appreciate, the appreciation would be divisible. Where there is both active and passive appreciation, the Kaaa case controls how the parties share the increased value. Non-marital property is set aside to the party who is entitled to it. Marital property is equitably divided between the parties. The starting point for the division is 50/50. If 1 party wants more than 50%, the burden is on that person to convince the Court why an unequal distribution would be appropriate. Even if a spouse has children from a previous relationship, the Court lacks jurisdiction to award the non-marital home to someone other than the record owner.
Answered on Feb 20th, 2014 at 5:36 PM

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John Arthur Smitten
The house is a pre-marital asset belonging to you.
Answered on Feb 18th, 2014 at 5:19 PM

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