Legal Question in Family Law in Florida

law regarding premarital assets

I owned my own home prior to getting married in 1981. I sold it in l987 for $200,000 and comingled the funds. I am now in the process of a divorce. Is this money part of the marital assets or should it belong to me.


Asked on 11/24/07, 10:42 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: law regarding premarital assets

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Once you comingle funds, it is generally considered joint property. You can make a claim for a special equity, but it is unlikely that you will be successful, especially after 20 years.

Scott R. Jay, Esq.

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Answered on 11/24/07, 2:53 pm
Michael Stewart Michael D. Stewart

Re: law regarding premarital assets

You will have to negotiate that. I am doing one of these now and we are successful in the process.

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Answered on 11/24/07, 7:16 pm


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