Aside from the emotional stress that divorce can bring on you, there are also many questions that frustrate you, one of which is the division of properties.
In Florida, it doesn't matter whose name it is. The question is when did you get it? If a house is acquired during marriage, each spouse legally owns half of the property. Whether it is assets or debts, as long as they are acquired during the marriage, they are divided equally.
What does that actually mean? If you do not have a prenuptial agreement, you will become one with your spouse when you marry. For legal reasons, two separate persons become one entity. House, cars, even bank accounts—everything you own as a couple. This applies to everything from the day you get married to the day you file for divorce, regardless of whose name is on it.
Along with the rest, things can get complicated. If a house is purchased before marriage and remodeled during the marriage, the remodeled portion of the house is considered marital property and the original portion is considered non-marital property. It is highly compartmentalized in departments. The same allocation now applies to both liabilities and assets. If one spouse takes out a large business or mortgage loan during the marriage, the other spouse has to pay off half of the loan.
It is always worthwhile investing in expert legal advice before agreeing anything with your spouse in relation to your property. The Law Office of Attorney Alex Rodriguez is committed to ensuring your interests are protected. If you have any questions or want to know more information, contact our office at
(689) 219-3899 or (689) 219-3793.
Discretion is guaranteed.