Legal Question in Family Law in Florida

Giving property away prior to divorce

If my fiance sells his property to me for a small amount before he files for divorce, does his estranged wife have any rights regarding this property?


Asked on 6/14/07, 10:02 pm

3 Answers from Attorneys

Re: Giving property away prior to divorce

If that money was marital asset, she will be entitled to half from some other asset when marital property is divided.

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Answered on 6/15/07, 9:16 am
Gordon Nicol Law Office of Gordon T. Nicol

Re: Giving property away prior to divorce

If the property was a marital asset you would have a claim.

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Answered on 6/15/07, 11:13 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Giving property away prior to divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the property was purchased during the course of the marriage, any sale of it would be looked at closely by a divorce court. It is highly likely that your fiance would have to pay his wife 1/2 of the fair market value of the equity in the property or these monies would be taken from other assets of the parties.

Scott R. Jay, Esq.

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Answered on 6/16/07, 2:18 am


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