Winter Springs, FL asked in Divorce for Florida

Q: What is he entitled to if we file for a divorce and own a condo?

If I put down the ENTIRE down payment, and closing costs on a condo, and his name is not on the mortgage, does he get rights to the condo? His name is only on the condo, but hasn't put any money into it i.e down payment, electric costs, internet, cable, furniture, etc.

The reason for this is for infidelity on his part, and I have proof.


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1 Lawyer Answer
Mr Eric Klein
Mr Eric Klein
  • Boca Raton, FL
  • Licensed in Florida

A: Very good question. It appears from your question that his name is on the deed. As such, as Florida is a title theory state, the fact that his name is on the deed provides him 50% ownership no matter who made the down payment. Further and assuming the condo was purchased during the marriage, the fact that you are married affords him 50% value in the marital residence. I hope this helps. Good luck!

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