Legal Question in Family Law in Florida

Marital property/home

My husband and I built a home and it was completed before our wedding date-we moved in but the deed is/was only in his name. We sold the home during our separation, split the proceeds from the sale as it was our marital home, but now he wants my half back claiming he did not have to give it to me-but did at the time. This was a year ago. We may be going to court over this now, does he have any legal grounds to 'take back' money that was already divided on our home. His name only was on the deed, we both contributed to payments, and the home was sold a year ago. Although my name was not on the deed-do I have a right to half the profit since it was our marital home? Do I have any chance of having to 'give' that money back to him, or it is rightly mine? He also took out money from our joint checking account to put a deposit on a new lot. He in turn lost this deposit without my knowing and I would like my half back? How do I go about that? He took marital funds, lost them and did not notify me?

Thanks.


Asked on 10/30/06, 4:06 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: Marital property/home

The home was clearly part of marital assets even though it was only in one spouse's name. You were entitled to half of it, its value, or its equivalent. Similarly, the loss, if it happened before the separation or dissolution would probably be found to be "marital loss." Just as a debt incurred by one spouse is marital debt, so is a loss, under normal circumstances.

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Answered on 10/30/06, 4:30 pm


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