In Florida, my son will be getting a divorce. If I put money down on a house & title it in his name, will that be excluded as marital property? I want to be sure he won't lose any part of it.
2 Answers from Attorneys
No. It will be considered marital property and the wife has homestead rights.
That's a good question. Are you saying you did this during the marriage or you want to do this for him now?
If it is to be done after they separated, he has a good argument that it is non-marital--specifically, because the monies did not come from one of the parties & it was not intended for her use.
There are different answers if you gave it to him prior to the marriage (& home was purchased-although my answer would be somewhat similar to the one above, except any increase in value of the house could be considered marital) or if it occurred during the marriage.
Section 61.075 Fla. Statutes covers these issues.
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