Q: Bought home in 2012. Married out of state resident in 2015. 2016, she says she is required to be a property owner in FL
before she will be allowed to move her minor children out of state. With great reluctance I add her to the deed. She lived here for 4 months. She paid 0 towards mortgage, utilities, household expenses, etc. She still owns a home out-of-state. At that time I obtained a restraining order because she twice threatened my life, once with a weapon and in front of witnesses; also was mentally and emotionally abusive to my children to such an extent that a neighbor contacted children's services. I have filed for divorce. My attorney says she is entitled to half of the change in value of the home between date she was put on deed and when I filed. Her attorney says she is entitled to half of the total value of the home but shares no obligation to the mortgage since it is in my name only. Who is right?
A: Her attorney will argue that you (foolishly, it appears) gave her a half interest in the home and therefore pursuant to principles of property law (as opposed to divorce law) she is entitled to half of the full value. But hope that your attorney can persuade the court that your attorney's view is the correct one.
A: Unfortunately, you gave her a very nice gift. I have to agree with her attorney that she is entitled to 1/2 the total value, however, she will be responsible for 1/2 the mortgage liability.
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