Austin, TX asked in Divorce for Florida

Q: Hello i am currently married with my wife of 2 years. And i am in the military and undergoing a divorce.

I an wondering about my house. It was obtained prior to marriage and i have been the sole provider for it. We have no kids and i just wanted to get informed about if i get to keep the house.

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Under Florida law your wife accrued some interest in the house during the two years that you were married. You will get to subtract off the value of the house as of the date of the marriage and the remaining equity, if any, will be divided. It does not matter that you were the only one making payments during the marriage because that income was considered marital.

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: The short answer to your question is yes, as Florida is an equitable distribution state, you get to keep the house as it is premarital. However, as attorney Lieber alluded to, your wife would be entitled to one-half of any appreciation that may have accrued during the two years of your marriage. I hope this helps. Good luck.

1 user found this answer helpful

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