Legal Question in Family Law in Florida

Re: Property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your husband could claim anything he wants but he would not have any entitlement to your house or the two acres unless you made a formal gift of either to him during the course of the marriage. This is done by placing his name on the deed(s) which you say you have not done. The only legitimate claim your husband might have would be for reimbursement of any monies he might have paid into improvements for the house or if you diverted any marital assets for the benefit of the house or property. He is NOT entitled to half of the property from the facts you have given.

Scott R. Jay, Esq.

Re: Property

Although it depends on various factors, certain rights, claims and interests will accrue to your Husband the longer you are married. But, since the property was yours prior to the marriage -- it is likely to be categorized as non-marital in a subsequent divorce so long as it remains in your name alone. But your spouse is entitled to a life estate upon your death pursuant to FL's Homestead laws and depending on the course of conduct during the marriage certain equittable claims can arise.

It is best for you to schedule a consultation with an attorney of your choosing in order to obtain a detailed explanation of the law and to protect your interests.