Legal Question in Real Estate Law in Florida
In January 2005 I used my life savings to buy a house in Florida. I told my girl friend I was going to put her name on the deed. She asked me, "Are you sure you want to do that?" I asked her if we were going to spend the rest of our lives together. She responded, "Yes". I said that if that was the case I would put her name down. We were married 2/14/08. Now she wants a divorce and 1/2 the equity of the house (she didn't put ANY money into the purchase). I'm aware that since the house was purchased before the wedding it is not a marital asset and is considered a gift. My contention is that once she said we would be together forever, and nuptials followed, it became an oral contract and that by her wanting out of the relationship she is abrogating the contract and should be denied the equity. Do I have a case?
2 Answers from Attorneys
You don't have a case. First, there's no such thing in Florida as an oral contract involving real estate. But more than that, you're wrong about the house being a marital asset. But you didn't specifically say, I'll assume you went ahead and put your girlfriend's name on the deed. When you did that, even though the house was purchased prior to the two of you being married, you turned the house into a marital asset. Placing a spouse's name on a nonmarital asset forces the nonmarital asset to become a marital asset in almost all cases, especially when houses are concerned. In a divorce, she'll likely get half the equity in the house.
While it is a marital asset,the fact you paid for it and the marriage is short will be considered. Retain counsel. Good luck.
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