Legal Question in Family Law in Florida
if i own my house before this marrage how will they determined the the amount to devide
Asked on 10/01/09, 10:28 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Different parts of the state do it differently, so it depends on where your divorce is filed. You should speak with a family law attorney to be sure.
Some judges say you split only the amount the house has increased in equity (probably none in this economy). Some judges say you split how much has been paid into the house in payments. Some judges (only in Tampa Bay) say you split the amount you've increased the equity by making payments (a subtle difference than what the other judges say).
But no matter what, you keep the house itself unless you put your spouse's name on the deed, in which case you must divide the entire equity in the house equally.
Answered on 10/02/09, 11:22 am