Legal Question in Real Estate Law in Florida

Realestate question

Here is my question: I live in Florida and am currently married but separated. I am not sure when we are going to start divorce procedures. I have found a nice house for myself and am planning to purchase it for cash from my personal savings account. This money I have earned over past years without my wife�s help. Is there any way I can protect myself from my wife�s claiming the half of the house during the divorce? Is opening an LLC and buying a house this way a good way to do it? What would you suggest I do before closing to retain the house in my possession in case of divorce?


Asked on 6/28/09, 4:49 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Realestate question

The issue is whether you acquired/earned the money during the period of marriage and where the money came from. If you use that money to purchase something before the court has distributed property you risk that new item being subject to division.

There are many factors which could have an effect on the outcome of this and you really should consult with an attorney and even seriously consider hiring one to represent you in order to protect your assets to the maximum.

If you need a referral to an attorney in the Orlando area, please feel free to give my office a call.

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Answered on 6/28/09, 7:33 pm


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