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?
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.
Re: marital and non-marital property
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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.