Legal Question in Family Law in Florida


I have property that money is owed on that was purchased before marriage in state of florida, now house is being sold because city of tampa ruined it and are paying me for it, enough to pay cash for another home, does my husband name have to be on house. And what rights does he have to this home, I owned the house we are in right now a total of 25 years and he's been here 10 years? House is falling apart. If I keep original mortgage paperwork, quick claim deed to me and take pictures of the home we are leaving and can show the house being purchased is paid for with the proceeds of the sale of the home we are in right now, if we end in divorce could I lose the home? He furnished house with new doors, tile floor in two rooms, painted outside of house and does yard and has contributed to some of the payment of $320.00 to 450.00 a month.

Asked on 9/12/13, 3:43 pm

1 Answer from Attorneys

John Smitten Carey and Leisure

If the house was before the marriage it is presumed a non-marital asset. However the paydown of the mortgage and increase in equity due to improvements on the home could be a marital asset.

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Answered on 9/13/13, 4:05 am

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