Legal Question in Family Law in Florida
Divorce
My wife and I have been married for 8 years. 5 months before getting married she purchased a condo. The title is in her name, mortgage has both names. While we have been married I have been working full time and she part time, sometimes more hours. while being married we had a joint account, where i have it has been a 60/40 split of money going into account to pay for living expenses.60% being mine. She has driven all the new vehicles while being married and me the used.Her lawyer is saying sondo is hers and i get nothing?????
2 Answers from Attorneys
Re: Divorce
The appreciation, if any, is subject to marital distribution.
Re: Divorce
Her lawyer is mostly right. She owned the condo before you got married, so she gets to keep it.
In most parts of Florida, though, you would be entitled to split the appreciation in the condo, but in the part of Florida you're in (if I'm right about your zip code), you get one half of the increase in equity in the condo due to the payments on the mortgage. So, for example, if the condo was worth $100,000 when you got married with an $80,000 payoff on the mortgage, and the two of you have gotten the payoff down to $70,000, you are entitled to $5,000. ($80,000 minus $70,000 equals $10,000 that gets equally divided.)
It doesn't matter who has paid the mortgage or who has paid more of it. Nor does it matter who has paid the living expenses.
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