Legal Question in Family Law in Florida

I am about to separate with my wife. We have a house paid off we bought together in both names. Se paid off with inheritance money. An only her name is on the dead. Am I still entitled to have? I never signed any paper work to take my name off the house.


Asked on 7/31/13, 8:38 am

3 Answers from Attorneys

John Smitten Carey and Leisure

Question not clear, you said the house was bought in both names but also that the deed is in her name. The legal presumption is that it is a marital asset.

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Answered on 7/31/13, 8:41 am
David Slater David P. Slater, Esq.

No. You have an equitable lien for the $ you paid.

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Answered on 7/31/13, 8:41 am
Brent Rose The Orsini & Rose Law Firm

First, are you separating or divorcing? Nothing happens if you separate, only if you divorce. If you are divorcing, Mr. Smitten is correct, your question is not clear (I have no idea what Mr. Slater is talking about--equitable liens have nothing to do with your question). You say the house is "in both names" and "only her name is on the deed." Which is it? Anyway, if both names are on the deed, you get half the equity in the house in a divorce. If only her name is on the deed, it's much more complicated. The likely outcome would be that, if only her name is on the house, but you bought it after you got married, you'd still split the equity. But if you bought it before you got married, she'd get her inheritance back, she get the value of the house equity (minus the inheritance) when you got married, and you'd split what's left over.

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Answered on 7/31/13, 9:08 am


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