Legal Question in Family Law in Florida
If a couple (who jointly own a home) is separating and one of the spouses is moving out of the home, does that act of moving out, forfeit his or her rights to the home and its assets? Is it considered abandonment? The separation has not been legalized or documented in any legal way; it's just a separation time to give both parties time to think. The husband is remaining in the home and will continue to pay the mortgage, while the wife is moving to an apartment and will pay her own expenses.
1 Answer from Attorneys
Moving out of the house does not affect a spouse's legal interest in the home or any of the assets. That isn't to say, however, that it won't affect whether that spouse will be awarded the house in a divorce. As a general rule, marital property is divided equally between the parties in a Florida divorce, but whether the house goes into the husbad's half or the wife's half is up to the judge. The judge may say, "Well, I'll let the husband take the $200,000 house since he lives there now and let the wife take the $200,000 bank account." "Abandonment" was abolished as a ground for divorce in Florida in the 1970s.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
