Legal Question in Family Law in Florida

I am inquiring on a complicated issue involving a marriage that took place three years ago, I owned a home in 2003, at that time I was with my two adult children ages 18 and 19, whom are now 25 and 26 respectively, the home was solely in my name as was the mortgage. I was a first time home buyer at that time. Later on, I meet a guy who eventually moved in with us. I later had to sell the home due to health reasons and later in 2006 purchased a condo, the same guy I had been dating moved in the condo with me, my children had moved into an apartment together and became independent renters.

The condo that I purchased is in my name solely as is the mortgage. I prepared a Will in 2006 naming my children as beneficiary to my assets. In 2007, I decided to marry the guy who I had been living with. Needless to say things aren�t working out and now I

am considering options to end this nightmare. My question is what are my legal rights now as a homeowner if I should get a divorce, would I have to sell my home or share the proceeds. The money to purchase the condo came from sell of the home that I had originally, that home was a first time home buyers program through the city. I have been on social security disability since 1999. My husband has been retired since 1997 years before I knew of him. He is now on disability as well, which I helped him get because he has no knowledge of how to go about receiving help or doing anything for himself (illiterate).

What are my rights and option in either selling my home to rid my self of him or if I should decide to file for divorce what am I looking at as far as gains and losses . His income is significantly greater than mine and under the circumstances would I be eligible for spousal support. There are no children in this marriage and nothing is his name. I live in a 55 and over community and his name is only listed on as a person in the unit.

Thanks in advance for any help.


Asked on 1/23/10, 1:20 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Since you owned the condo before you got married, it is premarital property, and it remains yours. He may be entitled to a small (very small) portion of the equity, but that depends on where you live, since the law is different in different parts of Florida. You may be entitled to alimony, given your disability, but it seems extremely unlikely given the short duration of your marriage. you'll have to speak to a family law attorney to know for sure.

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Answered on 1/28/10, 6:52 am


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