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Questions Answered by Kunal Mirchandani
4 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Am I entitled to half the proceeds from a house bought during marriage if not on the deed?

I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Mar 18, 2025

Are You Entitled to Half the Proceeds? Yes, generally—If the home was purchased during the marriage with marital funds, it is a marital asset, and you likely have a claim to half of the equity. However, if your husband purchased the house with non-marital funds (such as an inheritance) and can... View More

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3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Is my parents' house a marital asset in my divorce?

In 2007, my parents used a quit claim deed for $10 to add my name to their house to allow me to obtain builder permits for construction. I have no financial investment in the property. I'm now going through a divorce after being married for 27 years. My name was added to the house deed 10... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Feb 27, 2025

In divorce proceedings, courts generally presume that assets acquired during the marriage are marital unless proven otherwise. Your spouse could argue that your name on the deed represents an ownership interest and that any appreciation in value during the marriage should be divided. However, a... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 29, 2025

I'm sorry to hear you're going through this tough situation. In general, if you're in the process of divorce and trying to support your kids, it's important to know your legal rights. As for selling items in the home, technically, it depends on whether the property is considered... View More

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3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: I’m going through a divorce after 15 years of marriage, and I have some questions about how to navigate it.

Custody and Support:

We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 20, 2025

While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More

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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Florida on
Q: Entitlement to property proceeds in divorce with shared deed but refinanced mortgage.

My wife and I purchased a property together in Florida before we got married, and both our names are on the property's deed. She refinanced the mortgage a couple of years ago due to her better credit, but I'm still on the deed. We don't have any prenuptial or postnuptial agreements.... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Feb 24, 2025

Generally speaking, it sounds like you are entitled to half the value of the property.

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