Legal Question in Family Law in Florida

We lived together for 17yrs in the state of NH. We got married in Las Vegas Nevada in Jan.2005. A home was purchased in March of 1993 for $104,000 the loan was signed by my coomon law husband because he had a VA loan. We sold the property in Sept.2005 for $260,000. Prior to our marriage my fiancee went to Fl in 03 and purchased land in a gated community his signature is only on the deed, in 2004 we came to Fl. and together selected a manufactured home for $100,000.My name is not included on the deed of our home. We do not have a morgage and all furnishings are paid for. My husband is filing for a divorce which will be contested. We have filed joint income taxes since 2005. He states I will receive nothing from our common law marriage (NH) of 17 yrs together. My husband has been and still in control of finances. I know he is financially solvent. I am on soc. sec. disability effective Nov.09 and basically out of work since 2005 April. I did work part time times three but medically I became more unstable. My husband retired from Fed.RRA Tier 1 in Oct.2005. What can I expect Financially so that I may move back to NH where my family resides. I have found a manufactured home in Maine asking price of $80,000. Thank-you Sharon F. England


Asked on 6/27/10, 11:04 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

New Hampshire only recognizes common law marriages for the purposes of probate/inheritance. However, you were married in January of 2005, depending on your residence at the time would state what portion of the funds you are entitled to for his purchase in Florida. If you have resided in Florida since 2005 your marriage here is considered equitable division. So if you have contributed to the upkeep and maintence of the home as well as cooking , cleaning and feeding this guy - all are considered contributions to the marriage - it would be a matter of figuring out how much. I suggest you get an attorney here to help you sort this out. As to the FED. RRA - it will depend on their policy and procedure - if this were the service you would have to see what military benefits are allowed. I am not sure you can claim anything on this since you were not married to him.

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Answered on 6/28/10, 8:38 am


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