Legal Question in Family Law in Florida

Re: Property after divorce

The answer to your question depends on several things.

It must be determined whether the property is marital or separate property. Generally, it is marital if it was obtained during the marriage. THere are exceptions to this general rule. For example, if the property was received by one spouse through gift or inheritance then it is generally considered to be separate property of that spouse. Unfortunately, there are even exceptions to the exceptions. For example, if inherited property is commingled once received then it may be designated as marital property upon divorce.

Assuming the property is determined to be marital then the property will be subject to equitable distribution in the divorce action. How it is distributed will depend on the specific facts of each case. The GENERAL starting point is to divide the assets and debts equally between the parties. It is suggested that you consult with an attorney to review all of the facts of your case.

Re: Property after divorce

Marital property is subject to allocation by the court. Usually marital property is equally divided but may be subject to special equities if one of the parties can prove a greater than 1/2 interest. The allocation and equities can be complex; in such cases, you are advised to consult with an attorney for legal options.