Legal Question in Family Law in Florida

Property Distribution

My husband purchased a home prior to our marriage. He is now currently refinancing the property only under his name. We have been married for 6 months and have a child together. In case of a divorce, would I receive any property settlement or is this property all his?

Asked on 6/03/02, 2:29 pm

2 Answers from Attorneys

Sanford Martin Martin Law Office

Re: Property Distribution

Assuming there is no pre nuptial agreement, marital property in which you would share equally would include only appreciation in the value of the house during the marriage.

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Answered on 6/03/02, 3:56 pm

Alexis Parker Alexis Parker, Esq.

Re: Property Distribution

I assume from your post that since the time you married, your husband did not transfer to you any interest in the property (ie. he did not sign a deed from himself to the both of you.)

The GENERAL rule is that all property acquired prior to the marriage is separate property of the party who acquired it. So, following the GENERAL rule, if nothing else changes in re: to the property, the property would go to your husband as his separate property.

That said, there are exceptions to the general rule.

In addition, sometimes a spouse is entitled to "special equity" in property even if it is separate property of the other spouse. This means that if the circumstances are right, the non-owner spouse might be entitled to some portion of the value of the property.

You should consult with an attorney who can answer your questions after reviewing ALL of the facts of your case.

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Answered on 6/05/02, 12:52 am

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