Legal Question in Family Law in Florida

Re: property division in divorce

Hello: I just read your question and can give some advice. As you are probably aware, there are a lot of issues involved in a divorce. I would need to know more facts to give a more definitive answer. For example, are there any children born during this marriage? If there are children, the parent who has custody could get the house to live in until the child(ren) reaches the age of majority or that spouse remarries. Upon one of those events happening, the parties could sell the house and split the equity or one party can buy the other one out.

If there are no kids, the house would most likely be considered "non-marital"...that is it was his plrior to the marriage and could remain his. There are some exceptions, such as, one may be able to argue the other spouse gave an asset to him or her as a gift. Assuming the house were to be considered "non-marital", any increase in value of a non-marital asset can be considered marital and be split equally. If you are so inclined, you could search Florida Statutes for our statutes on dissolution of marriage. Section 61.075 is the law on separation of assets and debts.

If my office can be of any assistance to you, please give us a call. Tom Rosenblum