Legal Question in Family Law in Florida

divorce quit-claim apartment

My father in law quit claimed his apartment to my wife. Is this property half mine ? Divorce is started. Equitable distribution being negotiated.


Asked on 4/08/08, 9:46 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: divorce quit-claim apartment

If the quit claim happened during the marriage and before the filing of the divorce, the apartment is presumed to be half yours. There are lots of exceptions to the rule, though, so you should speak with a divorce lawyer.

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Answered on 4/09/08, 12:13 am

Re: divorce quit-claim apartment

As post-marriage, it is a marital asset.

Whether or not, it will involve equitable distribution is up to the judge. It is important to look to the intent of the father-n-law. If he meant for you to share in it, he should have q-c'ed to both of you.

If equitable distribution is being negotiated, then let the attorneys figure it out. If it just the spouses, then you should be consulting a divorce attorney.

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Answered on 4/10/08, 12:54 pm


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