Legal Question in Family Law in Florida

Do I have vested rights?

In 1988 my present husband and i moved into our FL residence together with ''our'' 5 children. My name was not put on the deed to the house. We married in 1992. I resided at that residence and contributed to all house hold expenses the entire time I resided there which was a total of ten years. I was recently served with divorce papers and was shocked to see that he had re-mortgaged our home. He had refused to ever put my name on the deed to the house even after we married. The mortgage company insists that there is nothing I can do? Do I have any grounds to contact a lawyer? Are there any laws in FL that states that I become a vested owner due to marriage? Thank you.


Asked on 5/21/02, 3:07 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Do I have vested rights?

You do not have any ownership rights in the home, however, you may have a right to an interest in the increase in value during the course of the marriage. Further, you are entitled to 1/2 of any monies paid to decrease the mortgage and increase equity in the home.

This matter should be discussed and investigated thoroughly by your divorce attorney.

Scott R. Jay, Esq. 305-249-8000

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Answered on 5/21/02, 11:40 pm


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