Legal Question in Family Law in Florida
my husband and I are divorcing after 16 years, before we were married I bought the house we have been living in, the title is in my name only; am I obligated to give him a percentage of the house?
3 Answers from Attorneys
Yes, he is entitled to a share of the appreciated value of the home subsequent to the date of the marriage.
Not necessarily. Florida laws are complex with respect to houses that were owned prior to marriage, and laws differ depending on which part of the state your divorce is filed. That's because the different appellate courts of the state are not in complete agreement as to how pre-marital houses should be split. You should speak with a family law attorney.
I have to say both Wade and Rose have great answers. HOwever, in the ultimate, this is an equitable division state - if you co mingled your funds, he did the upkeep on the house, maintenance and his income was used to help make payments, then yes he is entitled to some compensation. The amount would be offset by giving housing, and what you contributed in ways of laundry, feeding, decoration, comfort etc. So.... it would be a 50/50 answer. Maybe yes, maybe no. Were the funds used to purchase the house all from you? 16 years is a long time and you could possible receive alimony which may offset him receiving any portion towards his equitable equity in the house. I suggest you contact a divorce attorney as there are a lot more factors that go into the deciding factor as to what he would get versus what you would get. If you are in my area, contact my office for an appointment.