Legal Question in Family Law in Florida
I am 57 and married to same man 3 separate times ( I know, I know!) The last marriage was in 2011. During a time we were divorced (2009), I filed bankruptcy & foreclosed in my home. After that, husband bought a short sale, i moved in and we got married for 3rd time. He refuses to add my name to title or get a will. Our only child is not speaking to us & I'm afraid that she might try to take as much as she can if he dies because my name is on nothing-- not even the 1 paid off car we own!
He is refusing to budge or even talk about these issues. If I file for a divorce am I entitled to half if the house because we are married & I've given every one of my paychecks to pay for this place? Or would it be better to try to get my name on the title & then divorce him?
We live in Florida.
2 Answers from Attorneys
To the extent your paychecks helped pay down the mortgage you can make a claim, otherwise you have no claim to the house. You cannot force him to make a will or add you to the title of the real estate, it is pre-marital property.
If the home is homestead property you have specific right in it due to the marriage. You need to have the paperwork reviewed by an Estates & Trust attorney.
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