Legal Question in Family Law in Florida
I have been married with my husband for almost 10yrs and unfortunately it will come to an end due to infidelity. With that 10yrs period, we acquired a lot of properties including a house and lot in the Philippines. The warranty deed of that property is only under my name as my paraphernal property. He wants to claim half value of that property during the divorce process. Can the court in Florida has jurisdiction to claim a property and order to sale that property as our marital asset? AS Philippines law, paraphernal property is a sole ownership whoever in the deed's or property title name. Please advise.
4 Answers from Attorneys
The law in Florida is the same as the law in the Philippines, who's ever name is on the title. However because you're married and you live in Florida you're Florida resident according to equity in Florida is going to determine how much value of any property gets distributed. No matter where the property is. As such your spouse is entitled to half of the property in the Philippines however
A Florida court cannot order the sale of the property. Call me to further discuss. 561 353 2800. Please excuse any grammatical or spelling errors as I am doing this from my iPhone
While he will not get title to your home, its value will be considered by the court in determining equitable distribution of assets.
It is marital property, so the asset should be considered in dividing your marital assets. The technical ownership does not matter.
If acquired during the marriage then the home is a marital asset.
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