Legal Question in Family Law in Florida

rules on separation

i know that in florida there is no legal separation. but i've been told that once a couple is split up for a certain amount of time, each is no longer entitled to the others belongings. which is my question, is that true? and if so, what is the time frame? we've been living apart independently for almost 5yrs and are slowly proceeding with getting divorced. but i'm interested in buying a house. i was originally planning to wait for the divorce to be final so she would have no rights to it and possibly tro to take it from me. but if it is true because it's been so long and we've lived independently, i could get one now and not worry about her trying to get it from me. i don't want to buy a house and then lose it. thanks.


Asked on 4/05/09, 9:40 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: rules on separation

You've been advised way wrong. First, there is legal separation in Florida. Second, there is no point at which marital property becomes automatically separate.

I generally advise people to wait until the divorce is final to buy a new house. Of course, sometimes it isn't possible. Still, your best bet is to get the divorce filed and get it completed asap.

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Answered on 4/05/09, 10:36 am


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