Legal Question in Family Law in Florida

Splitting Marital Assets

Couple purchased home based on Wife's good credit. Lived in home 2 years together then separated. Husband remained in house with the couple's daughter and step-daughter while Wife paid him child support on and off. Husband been paying mortgage and bills on home and has done some improvements, mainly cosmetic, nothing structural. Husband moved out of home a year ago and gave children to Wife six months ago and paying him child support periodically. Due to Husband's expeditures, couple have declared bankruptcy which is not finalized as yet. They have decided to sell their home and Wife wants a 50/50 split of net proceeds since her credit, enabled them to purchase it, which has now been ruined by Husband's spending and their bankruptcy and her having the kids especially stepson. Husband wants 60/40 because he's paid on house. What would a Court decide ? What's the applicable law ?


Asked on 10/21/02, 5:50 pm

1 Answer from Attorneys
Adam Bessen Law Office of Adam Bessen

Re: Splitting Marital Assets

There is no definitive answer for your question. Generally marital assets such as a home are considered jointly owned if purchased during the marriage although one party may claim an equitable lien based upon a variety of factors including increase in value due to improvements. Distribution of the net proceeds from the sale of the asset could be affected by other factors such as alimony, child support and division of assets and liabilities. Therefore there is no conclusive answer to your question. Please feel free to contact my office and I would be glad to speak to you in greater detail. Good luck.

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Answered on 10/21/02, 6:03 pm


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