Middleburg, FL asked in Divorce for Florida

Q: My mother in law did a quick deed on property right before we got married. Can he legally kick me off his property?

If we get divorced do I have claim to property as well?

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1 Lawyer Answer
David Alfred Carroll
David Alfred Carroll
  • Pensacola, FL
  • Licensed in Florida

A: You will want to be with an experienced local divorce lawyer to help you understand all of your options. If your facts are accurate, he received the property in his name free and clear before the marriage making it his premarital property. It is possible that the quit claim deed was issued after you were married to be sure to research the exact facts and demand proof.However, there are exceptions such as did he make improvements to the property, have you made payments on the property, and other exceptions. And attorney can help you determine your best course of action. You may also have financial value in the property based upon the increased value of the property over the course of the marriage. A lawyer will help you explore this. Generally speaking, if this is your marital home, even though you're not on the deed, you will have a right to remain in the property at least for the time being. You could go to the court to get a temporary order allowing you to stay in the property if you so desire. Typically cannot kick you out because this is your marital home. Again speak to an experienced local family law attorney to get your best advice and you best course of action.

Wishing you all the best

David A. Carroll

Pensacola Divorce Lawyer


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