Legal Question in Family Law in Florida

Question
Can I be awarded the house if I dont make enough money to pay it? Assuming I am granted alimony
We are willing to divorce if we could iron out the little issues...
The house is in both our names, both on the loan and on the deed. I would love to keep living in it (or at least till its sold) to keep our daughter living normal conditions (going to school nearby, etc) but how can I be sure I will be awarded 1/2 of everything? His company stock shares, his 401k, plus alimony? I dont think he'll go for that. How can I sweeten the deal for him to get a green light and sign the papers? The reason Im doubtful about keeping the house is I cannot afford it with my very small income a month. I live in FL.

Asked on 9/28/10, 2:32 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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YOu can be awarded the house. depending on longevity of marriage will determine if you receive alimony or not. YOu can only receive that fraction of the 401 etc for the amount of years you were married to the husband during which he placed funds into those accounts. This is not a community state where you get one half - this is an equitable estate wherein you only get that portion to which you are entitled. If you are in the Duval, Clay, Nassau or St. Johns area, give me a call for an appointment. 904-997-1031.

Answered on 10/04/10, 6:23 am

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