I'm currently married in Florida but have been separated for the last two years. I bought a house with a friend of mine last year and it is under my friend's and my name. My wife is not listed in the deed nor the mortgage. Now I'd like to get divorced. My wife and I decided to get a Simplified divorced and we are waiving our right for a Financial Affidavit and Marital Agreement. We decided that each of us will have the assets and liabilities we currently have under our name. Once the divorce is finalized can my wife come back and claim she wants part of my interest on the house even though there is not Marital Settlement Agreement?
2 Answers from Attorneys
You should put it in writing and file it in court. Yes she could decide that you hid marital assets and Florida does not honor any separation. File out the financial declarations and file a marital agreement and have her consent to it. Otherwise you will live a nightmare, There are no do overs so do it right the first time.
Good advice by my colleague. Both documents are best. You do not mention if your spouse is already aware of the property. If she is, at a minimum, you should have a marital settlement agreement that spells out that you have agreed to what you have stated. You can even specifically put in the agreement that your wife is aware of the property you purchased after separation and that she waives any future claim to it. That way if the two of you don't want to file financial affidavits, you can still protect that property. If it is anything but a simple situation and both of you know all the income and assets of each other, then you shouldn't risk any shortcuts and should speak to an attorney.