If my home is in my name only but I purchased it while I was married, can my spouse get half the home in our divorce?

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If my home is in my name only but I purchased it while I was married, can my spouse get half the home in our divorce?

They have not lived here or contributed financially at all. Also, I now have debts buying floors, cabinets, etc., would they be responsible for that? And could I add my child (who is over 18) and not living with me to the deed?

Asked on July 13, 2015 under Family Law, Florida

Answers:

Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 6 years ago | Contributor

If the home was purchased during the marriage, then it is a marital asset that is subject to equitable distribution. You may have an argument for unequal distribution if they have never lived there and never contributed to the home, but that would most likely be up to a Judge. Adding your adult child to the deed will not change the interest that your spouse might have.

Joanna M. Mitchell / Mitchell & Associates, PA

Answered 6 years ago | Contributor

If the home was purchased during the marriage, then it is a marital asset that is subject to equitable distribution. You may have an argument for unequal distribution if they have never lived there and never contributed to the home, but that would most likely be up to a Judge. Adding your adult child to the deed will not change the interest that your spouse might have.


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