Legal Question in Family Law in Florida

Protecting myself in case of divorce

My husand and I are talking about building a house this March, but due to my credit I can not be on the loan. I'm working on repairing my credit but that takes a while. I'm concerned that i will be kicked out on my rear if we were to divorce and I would get nothing. Please advise.


Asked on 12/03/07, 3:11 pm

1 Answer from Attorneys

Brandon Kolb Kolb, Cintron, & Associates

Re: Protecting myself in case of divorce

This response is intended for informational and educational purposes only. Sound legal advice can only be given after a full review of your case and all issues surrounding it.

The loan is the debt instrument, not the asset. What is important is that you get your name on the title to the house. If the house is built after your marriage it will most likely be considered a marital asset. After all, regardless of who is on the loan, it will be paid back with marital assets. Additionally, Florida law gives specific rights to spouses with regard to the family�s homestead. You should probably sit down with an attorney, and without your husband to discuss your rights.

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Answered on 12/04/07, 9:05 am


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