Legal Question in Family Law in Florida

marital property

I will be going thru a divorce shortly and have a question. I have been married 5years. My husband owned the house we lived in prior to our marriage so I am not on the deed, however last year we refinanced the home and both of us signed the refinace papers. I know Florida is a 50/50 state, does this mean I have rights to the home as well?


Asked on 6/06/05, 12:26 pm

1 Answer from Attorneys

Daphane Clements Daphane Clements, Attorney At Law

Re: marital property

Generally, Florida is known as an equitable distribution state. This means that assets are divided accordingly. Here it seems that because your husband owned the home prior to the marriage, he may have a special interest in the home. That is not to say that you are not entitled to part of the equity. It may mean that your part would be diminshed.

This is not legal advice and you should consult with an attorney regarding any legal rights that you may have in the event of a divorce.

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Answered on 6/07/05, 11:08 pm


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