Legal Question in Family Law in Florida

Pre-marriage real estate deals

I owned real estate for years. In contemplation of Marriage I sold the property to my future wife . We took the money from her purchase and bought a family home in my name. Isn't the property she has in her name considered joint assets. We married 5 months after the sale. We are now getting devorced and she wants the property as her assets. The marriage lasted almost 5 years.


Asked on 9/13/01, 3:39 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Pre-marriage real estate deals

No. If your wife bought the property with her individual pre-marital assets (money), then she would be entitled to a special equity in the real estate. Your only entitlement would be to sharing any increase in equity due to post-marital investments into the property for payment of mortgages, improvements, etc. Additionally, you may be entitled to share in any increase in value of the property during the term of the marriage.

This is a serious legal question and as in any legal matter, you should consult an attorney who is experienced in family law (or the appropriate legal field)in order to fully protect your interests.

Scott R. Jay, Esq. 305-249-8000

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Answered on 10/26/01, 8:18 am


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