i,am married and bought a house in my name would it be half my husband.if it in my name own

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i,am married and bought a house in my name would it be half my husband.if it in my name own

Asked on July 4, 2009 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

By way of background, according to Florida divorce laws, there will be a divorce settlement of your marital assets between you and your spouse and be in agreement form, or the court will impose its version of a divorce agreement based on the principle of "equitable distribution".  Equitable distribution means dividing assets and liabilities equitably but not necessarily evenly.  Florida courts will set apart non marital assets and liabilities before they begin the process of dividing the marital assets.

Courts may consider the following in that process: 1) The contribution to the marriage by each spouse, 2) The economic circumstances of the parties, 3) The length of the marriage, 4) Any interruption of personal careers or educational opportunities of either party, 5) The contribution of one spouse to the personal career or educational opportunity of the other spouse, 6)  The desirability of retaining any asset, including an interest in a business, intact and free from any claim or interference by the other party, 7) The contribution of each spouse to the enhancement of income or the improvement of, or the incurring of liabilities to marital assets and non marital assets, 8) The desirability of retaining the marital home, 9.) The intentional waste or depletion of marital assets and 10) Any other factors necessary to do equity and justice between the parties.

In general, all property acquired during the marriage is marital property. What you brought into the marriage is usually all yours.  However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.


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