Wauchula, FL asked in Divorce for Florida

Q: I got married in November of 2020. I bought my house in 2015 before I met my husband. Can I lose me house in a divorce?

All household bills are in my name. His name is not on anything pertaining to the house.

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1 Lawyer Answer
Michael David Fluke
Michael David Fluke
PREMIUM
Answered
  • Dunedin, FL
  • Licensed in Florida

A: As long as you do not put your Husband's name on the Deed, the home will always be a premarital asset and a court would be unable to award your Husband the property. Tat being said, if you are to make payments on the home or make improvement from income which is earned during the marriage, your Husband may be entitled to the increase in equity in your home from both the reduction in the amount owed on the home during the marriage, the increase in value due to improvements and a portion of the passive increases in market value. The only way to protect the home from his interest in increased value, at this point, is to enter into a postnuptial agreement. I suggest you consult a local attorney to discuss your options.

Tami Lane Augen agrees with this answer

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