Legal Question in Family Law in Florida
My aunt has been married 6 years this past Dec. This is her 2nd marriage (total jerk). She was recently diagnosed with glioblastoma. Question: The house is in her name only, she had it prior to the marriage; she had the majority of her stuff prior to the marriage; If she files for divorce does this husband get half of everything? She is in rehab, he has pawned half her stuff (jewelry, silver, etc). Any advice is appreciated!
1 Answer from Attorneys
Generally speaking, your aunt should be able to retain 100% of her home without having to split it with her soon to be ex. However, there are certain circumstances under which some or all of it could be considered a marital asset. For example, if they used marital assets during the marriage to support and pay for the home and home-related expenses some or all of the home could become a marital asset.
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