Legal Question in Family Law in Florida
Does the community property law for California apply for property owned in Flori
My husband has 3 rental properties in Florida that he acquired before our marraige. My name is not on their deed. We have been married for 5 years. We are planning to put my name on the deeds in the next 6 months. In addition, we will be creating a trust that will include the properties as joint asset between husband and wife.
My question is if we were to get a divorce, does the community law between husband and wife apply for properties that are in Florida. For example, would I be entitled to 50% of the equity in the Florida properties equity minus the amount which my husband invested prior to our marraige?
2 Answers from Attorneys
Re: Does the community property law for California apply for property owned in F
You've asked more questions than you may realize. First, if divorce in California, all community assetts to be divided as well as community debts. If your husband wants to transfer ownership of these properties into both names with equal ownership, then he has changed the assett from seperate assett to joint or community. Not know this to be fact as not enough info, however, if divorce under California law and if properties owned equally, then should be divided equally.
Re: Does the community property law for California apply for property owned in F
Your question presents more complications than you may have thought. In addition to community property there is also quasi-community property. You have not presented sufficient information to make an accurate determination if you would be entitled to one half of the property. If your husband did, and can be truly seen to have given his separate property (in Florida)to the community without undue influence, then the community probably will have a community interest and your husband would be entitled to his dollar for dollar investment. You should not presume that you have a community interest just because your name was placed on title.
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