Legal Question in Real Estate Law in Florida

sale of real estate by husband
I live in the state of Florida, and my husband recently sold a piece of real estate that he had acquired prior to our marriage. He sold it without consulting me, and for a tiny fraction of its worth to his brother. I think that he did this in order to keep me from getting any share of it should we divorce. Can he legally do this? Do I have any interest in the property?

Asked on 6/05/09, 8:46 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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Re: sale of real estate by husband

I assume your name was not on the house. If you have no divorce pending, or, if you do have a divorce and there is no court order prohibiting him from selling property, then what he did was allowable.

However, it doesn't mean a divorce judge won't take this into account when dividing up property in the divorce. Judges usually don't just let spouses rip spouses off. Remember, though, that property that belongs to a person prior to marriage is generally not divided during a divorce. Property that belongs to someone prior to marriage usually just stays with the person after divorce. The only property that gets divided is property acquired after marriage, though there are many exceptions.

Answered on 6/06/09, 11:21 am

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