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.
2 Answers from Attorneys
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.
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.