Legal Question in Family Law in Florida
homestead property
I am going through a divorce with property issues. Even though my name is not on the property will I be cosidered as one the homesteaders during our marrige? There was a mortgage on the property after our marriage. Is that considered marital propery if he held the loan before we were married.? Then he took out another loan? He made himself totally responsble for the debt.If I lived on homesteaded property all during our marriage am I considered on marital property? Please respond asap. Thank you for your time.
2 Answers from Attorneys
Re: homestead property
The home he owned before the marriage is not marital property, but the increase in value is.
Re: homestead property
In most of Florida, you'd be entitled to half the increase in the value of the home since you got married. But since you're in the Tampa Bay area (I think, according to your zip code), the law is a bit different. In the Tampa Bay area, the appellate court there has said you are entitled to half the equity gained by the reduction in the mortgage. Given that he has taken out another loan, you may be entitled to nothing.
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