Legal Question in Family Law in Florida

Property Settlement

I bought a house with my own money in 1992 BEFORE I got married in 1997. The house and deed are both in my name only. My husband pays me rent (very little) and 1/2 of what I spend on utilities and food. I pay 100% of the homeowners insurance and the cost of all improvements (A/C, water heater, carpet, major applicances, all furnishings, etc.) but he has done some work and/or repairs on the house. If I file for divorce, will I be entitled to 100% of the home and contents that I alone purchased?


Asked on 10/03/07, 9:23 am

3 Answers from Attorneys

Johm Smith tom's

Re: Property Settlement

It sounds like you shouldn't have much trouble showing that you each keep your own accounts but an attorney would need to know more about your situation to tell you your options. Don't be the spouse that doesn't realize the other has had an attorney all along.

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Answered on 10/03/07, 10:12 am
David Slater David P. Slater, Esq.

Re: Property Settlement

I doubt 100%

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Answered on 10/03/07, 11:16 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Property Settlement

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.

The courts in Florida generally follow the principle that each party is entitled to leave the marriage with all assets they entered the marriage with. In your situation, you should be entitled to the ownership of the house, but may have to compensate the husband for some of the work he has done to improve the house particularly so if his work has helped increase the value of the property. It would be up to the court to determine the value of the husband's contribution, if any.

Scott R. Jay, Esq.

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Answered on 10/04/07, 11:46 pm


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