Legal Question in Family Law in Florida
Florida Community Property Laws
My husband and I are in the process of separating. I have a car that is registered in my name only. My husband says Florida law entitles him to the use of this car. Is this true?
2 Answers from Attorneys
Re: Florida Community Property Laws
Like the other lawyer said, Florida isn't really a community property state, though it mostly acts like one. If the car was purchased after you got married, the equity in the car will probably get split during your divorce.
However, during separation, no Florida law says he is entitled to use the car. He's only entitled to use it during separation if a judge says so. You are under no obligation to allow him to use the car, especially if you have a good reason to keep it from him.
Re: Florida Community Property Laws
Florida is not a true "Community Property" state. However, assets that are obtained during the marriage are generally considered to be marital assets with equal rights afforded to both people.
There are exceptions, and you should discuss your situation with an attorney. You really should hire an attorney to represent you in the Divorce.
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