Asked in Family Law and Real Estate Law for Florida

Q: Home with both spouses on the deed and in registry as owners. No prenup. Does it matter one spouse provided the funds?

Bought during marriage, registered in both names, both names as “buyers” on deed. Bought with funds one party had before marriage, but from joint checking account. House in Puerto Rico.

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1 Lawyer Answer
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
  • Miami, FL
  • Licensed in Florida

A: If the separate funds were deposited into a joint account, the funds have been commingled or mixed and became marital before the purchase even happened.

The courts normally do not look any further than title on real property. So if title is in both spouses' names, it will be practically impossible to claim any nonmarital contribution.

Good luck.

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