Legal Question in Family Law in Florida
property disbursement
Is my 2nd husband of six years entitled to any of the value of my home which is still in my 1st husbands name and myself. My 2nd husband is NOT on the mortgage. Also, I have a pension plan (IRA) which was earned prior to my marriage with my 2nd husband. Is he entitled to any of the growth of that fund. Even if I personally did not contribute any monies to the fund in the 6 yrs. we were married.
1 Answer from Attorneys
Re: property disbursement
Based on the information provided, it appears that the "marital property" of you and your second husband would not include the pension or its increase during your marriage since you had the pension rights before the marriage. Regarding the house owned by you and your first husband, your second husband may have a claim to special equities in the property if his income during the marriage was used to pay mortgage payments. If you had ownership of the property before the marriage and he did not contribute to the mortgage, it would be difficult for him to make a claim. Presumably, your first husband still has an ownership interest as well.
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