Legal Question in Family Law in Florida

marital and non-marital property

his house completed 10/03. We lived together 3/04 till married 10/05. He wants divorce now. We have a credit line (both names) attached to the house (my name is not on the house, but is on the credit equity line). Both making payments to mortgage and equity line. Did this make the non-marital home marital property now?


Asked on 7/02/07, 4:00 pm

2 Answers from Attorneys

Re: marital and non-marital property

You might be entitled to special equity for money put into the house during marriage. However, the house is his because he owned it before the date of marriage and apparently never put your name on the deed. The house is NOT marital property.

Read more
Answered on 7/02/07, 8:38 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: marital and non-marital property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Since the house was owned by the Husband prior to the marriage, it is his home alone unless he added your name to the title. When you co-sign on the loan you agree to help repay the loan but do not gain any ownership interest in the home.

If a divorce is filed, you may be able to claim some sort of interest for the payments you have made but that will not gain you any rights to ownership.

Scott R. Jay, Esq.

Read more
Answered on 7/03/07, 12:05 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida