Asked in Civil Litigation for Florida

Q: My in laws bought us a 325,000$ home my .? Is what rights do I have I’m not on the deed or mortgage

My wife said she was only being added to the insurance the plan was refinancing the house in 3-5 years once my in laws got there return off the investment then signing the house over to us but I seen the deed and all 3 of there names are on it me and my wife are legally married before the house was purchased and have a kid on the way she doesn’t work and I pay the mortgage and the bills

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1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: By the sound of it, her interest in the house is basically "marital property." Unless a couple has a valid written agreement stating otherwise, marital property in Florida includes all assets and debts either spouse acquires during the marriage. Spousal rights in Florida allow spouses to share marital assets and debts, even if the property or debt is titled only in one spouse's name. In the most basic sense, half of her one-third interest (if it is a 1/3 interest in the property) is yours because the 1/3 interest is marital property, shared equally by the spouses.

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