If you're reading this, you are probably asking the burning question, "What happens to property owned before marriage in Florida?" The fate of property owned before marriage in Florida can be a pivotal issue in divorce proceedings.
Quick Answer:A home purchased before marriage is typically not deemed marital property in Florida. There can be exceptions, however, if marital funds are used to pay for the mortgage, make improvements, or refinance or borrow against the property.
In Florida, the treatment of property owned before marriage, also known as premarital or non-marital property, is a topic of importance in divorce cases. Understanding how Florida handles this type of property can be crucial for couples contemplating marriage or facing a split up.
When a couple decides to part ways in Florida, one of the steps may be to determine what happens to properties owned before marriage. Marital assets generally include any property acquired during the marriage, such as homes, cars, and bank accounts, regardless of whose name is on the title. Separate assets, on the other hand, are typically those acquired before the marriage or through inheritance or gift during the marriage and kept separate from marital assets.
Enjoy this article and please keep in mind that this is not legal advice, it is to be used for informational purposes only. Always speak directly to an attorney for your specific situation.
Marital Property Vs. Non-Marital Property in Florida
Florida is an equitable distribution state, which means that marital property is divided fairly, though not always equally, in a divorce. Marital property typically includes assets and debts acquired during the marriage, with money earned while married, regardless of how they are titled.
Non-marital property, on the other hand, is generally not subject to division in a divorce. Non-marital property includes assets and debts acquired by either spouse before the marriage, and possibly assets acquired by gift or inheritance during the marriage.
Separate property can become marital property if it is commingled with marital assets or used for the benefit of the marriage. For example, if one spouse uses funds from a premarital bank account to pay for household expenses or make improvements to a marital home, the court may consider that money to be a marital asset subject to division.
In these cases where separate property has been commingled with marital assets, the court will typically use a method called tracing to determine how much of the property is marital and how much is separate. This involves following the path of the commingled funds to establish their origin and how they were used.
Equitable Division Of Property in Florida
When it comes to dividing marital property in Florida, the court considers various factors to determine what is fair. These factors include the contribution of each spouse to the marriage, the economic circ*mstances of each spouse, and the duration of the marriage.
Since Florida is not a community property state, assets acquired during the marriage are not automatically considered marital property.
When determining equitable distribution, Florida courts consider various factors outlined in the statutes. These factors include the contributions of each spouse to the marriage, the economic circ*mstances of the parties, the duration of the marriage, and any interruption of personal careers or educational opportunities.
Assets acquired before marriage are typically considered non-marital property and are not subject to equitable division in divorce. This usually seems to include income derived from non-marital assets. Additionally, assets excluded from division by a valid prenuptial or postnuptial agreement are also considered non-marital property in Florida.
Prenuptial or Premarital Agreements
One way some individuals choose to protect premarital property is through a prenuptial agreement. A prenuptial agreement is a legal document that outlines how assets and debts will be divided in the event of divorce.
By entering into a prenuptial agreement, couples can specify which assets will remain separate and which will be considered marital property.
Division Process: Ensuring Fair Asset Distribution in Florida Divorces
In a Florida divorce, the division of assets can be a complex and contentious process. To ensure a fair outcome, both parties should disclose all assets, including those acquired before marriage, during the discovery process. This is commonly the same in all over the state including ourSouth Florida cities and counties, as transparency helps to avoid penalties and ensures that all assets, both marital and non-marital, are accounted for.
During the division process, it is usually advised to treat all assets as potentially marital until the process is complete. This typically means refraining from selling, gifting, or transferring ownership of assets, as these actions can complicate the division process and lead to disputes over ownership. If you have a question regarding this topic, be sure to speak to your attorney to play it safe.
Proving & Contesting Ownership: Strategies for Protecting Non-Marital Assets
Proving ownership of non-marital assets can be challenging but is essential if your goal is to protect these assets during a divorce.
Evidence such as purchase receipts, financial statements, and witness testimony can be used to establish ownership. Financial statements are particularly important, as they can demonstrate when savings and investments were initiated and the amount of interest accrued during the marriage.
In cases where ownership is contested, it is important to have a thorough understanding of the legal principles governing asset division in Florida. Seeking advice from experienced divorce lawyers can help individuals navigate widow tax exemption as well as complexities related to marital property to ensure that their rights are protected during the divorce process.
Marital Home was Purchased Before Marriage, but Both Spouses Lived in the Home
In cases where the marital home was purchased before the marriage but both parties resided in the home during the marriage, the increase in the home's value during the marriage may be considered marital property subject to division (see Kaaa v. Kaaa below).
Marital Home was Purchased Before the Marriage and Paid in Full Prior to the Marriage
If the marital home was purchased before the marriage and was paid in full before the marriage, the home is generally considered non-marital property and not subject to division in a divorce.
Home is Not Paid in Full and Equity Needs to be Divided
In situations where the equity in the home must be divided but the home is not paid in full, the court may order the home to be sold, and the proceeds be divided between the spouses based on their contributions to the home.
What are My Rights if My Name is not on the Deed but We're Married
If you're married but your name is not on the deed, you likely still have rights to the property under Florida law. The property may be considered marital property, especially if it was acquired during the marriage or if marital funds were used for its purchase or maintenance.
This means that as a spouse, you could have a claim to the property in the event of divorce or death of the other spouse. It's important to consult with a legal expert to understand specific rights in all of these situations.
Kaaa v. Kaaa Case
In a Florida Supreme Court case in 2010,KAAA v. KAAA, the court clarified how passive appreciation of a marital home, purchased before marriage, should be treated in divorce cases. The case involved Katherine and Joseph Kaaa, who lived in a home purchased by Joseph before their marriage. During their marriage,they used marital funds to pay down the mortgage and improve the home.
The trial court ruled the home as Joseph'snonmarital propertybut awarded Katherine an equalizing payment based on the home's enhancement value. Katherine appealed, arguing that passive appreciation of the home during their marriage should be subject to equitable distribution.
The Second District Court of Appeal affirmed the trial court's decision but noted a conflict with a decision from the First District Court of Appeal in Stevens. The Florida Supreme Court reviewed the case and concluded that passive appreciation of a nonmarital asset, like a marital home, can be considered a marital asset subject to equitable distribution under certain circ*mstances.
The Court's decision guides future cases involving property purchased before marriage in Florida, emphasizing the need for specific factual findings regarding contributions and appreciation when determining equitable distribution.
FAQ
Is my spouse entitled to half my house if it's in my name in Florida?
Your spouse may be entitled to a portion of the house, even if it's in your name, depending on various factors such as contributions to its value during the marriage.
How long do you have to be married in Florida to get half of everything?
There's no specific duration of marriage required in Florida to divide marital assets. The division is based on equitable distribution principles.
What are my rights if my name is not on a deed but married in Florida?
If your name isn't on the deed but you're married in Florida, you may still have rights to the property, especially if it's considered marital property.
Can property acquired prior to marriage be divided upon divorce in Florida?
Property acquired before marriage is generally considered non-marital, but some exceptions and processes could require it to be subject to division in a divorce in Florida.
What happens if you own a house before you get married in Florida?
Ownership of a house before marriage in Florida generally means the property is considered non-marital and may not be divided in a divorce. As discussed in this article, there are exceptions.
What is considered non-marital property in Florida?
Non-marital property in Florida includes assets acquired before marriage, gifts, and inheritances received by one spouse during the marriage.
Are separate bank accounts marital property in Florida?
Separate bank accounts are generally considered separate property in Florida, but commingling funds could change their classification.
Is my personal bank account marital property in Florida?
A personal bank account in Florida is typically considered separate property unless it's been commingled with marital funds.
Is a car a marital asset in Florida?
A car can be considered a marital asset in Florida if it was acquired during the marriage using marital funds.
Is a 401K a marital asset in Florida?
A 401K can be considered a marital asset in Florida to the extent that it was contributed to or grew in value during the marriage.
* Important Disclaimer: we are not attorneys and this post is not legal advice. It is for informational use only. If you have questions, you should always speak to an attorney.
