Legal Question in Family Law in Florida
property right
I was legally married. Then about 10 years ago, my husband persuade me to divorce him for a financial reasons. Since then, we have about 6 lots, plus two homes on the bay front which is worth more than million dollars. We don't owe any loans against these. In 2004, we were remarried. He never filed the marriage certificate. I found it in his suit case and I have it in my possession now. He has lied to me about signing quick claim deed which I signed believing what he said it was for. Right now, one home and 3 lots are under his name only. I want to file for a divorce after years of verbal abuse and lied to. He is in Florida now. I am in California. I have been working here and live here since 2/2006. Do I need to file for divorce here(after I file the marriage license) or do I have to file in Florida. I have not purchase a home here yet.
Thank you.
4 Answers from Attorneys
Re: property right
You have to file in California and in the County you have resided for the last 6 months. Whether you have an interest in the properties not in your name is a complex issue and would require a thorough analysis.
Re: property right
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Under Florida law, the proper place to file would be the locale where the parties last resided together as husband and wife. From the information you provided, I could not tell the reason why you moved to California and whether or not your husband moved with you.
You have many property issues to deal with also. I would be very careful to make sure that all of your property rights are protected.
You should consult an attorney as soon as possible. Good luck.
Scott R. Jay, Esq.
Re: property right
You can file in California, however, if your husband has not lived or the properties are not here the only jurisdiction that California would have is to dissolve the marriage. If the actions you describe occurred in Florida and the property is in Florida then follow the advice of a Florida attorney and you should probably file in Florida. If in doubt get a consulation with a California Family Law attorney who can obtain all of the relavant inforamtion and give you better advice. Good Luck, Pat McCrary
Re: property right
File in Florida and have your attorney file a partition action for the real estate.
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