Franklin, NC asked in Divorce and Domestic Violence for Florida

Q: If married but home and property are only in my name does my wife have rights to it after I ask her to leave my home

I'm 70 years old, my wife is 50 years old. I found her in my room with another man but I went to jail not either my wife or the man with a machete in my bedroom

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2 Lawyer Answers
David M. Goldman
PREMIUM
David M. Goldman
Answered
  • Criminal Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Sounds like you need to repost this under Divorce, and criminal law. If you die, she will be entitled to 1/2 the home or a life estate if you are still married.

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

A: Generally, any property, real or personal, that was acquired during the marriage is subject to equitable distribution. With this in mind, if you bought the home and property during the marriage, your spouse has an equitable claim to it. Generally, 50%. The fact that your wife was cheating on you is not relevant as Florida is a no-fault divorce state. I hope this helps. Good luck.

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