Q: I owned my primary home in Pinellas County, Fl. when I married my current husband. Things are not working out.
He is not on the deed and I have the opportunity to sell my home with a profit. I have homestead exemption. Is he still entitled to 50/50 even though he is not on the deed.
A: He is entitled to half of the appreciation during the marriage. You can subtract off the value on the date of marriage. Speak to a local family lawyer for a more specific calculation as there may be other factors that you can use to reduce his interest.
A:
There are two completely different questions here:
1. Can you sell your house without having to have his approval? Answer: Yes. Your Realtor will confirm if you ask them.
2. Is your husband entitled to 50% of the sale proceeds? Answer: No, because he is not an owner.
3. However, since this is your Homestead property there may be some complications in the divorce.
4. CAVEAT: None of this advice has anything to do with what your husband may be entitled to from the divorce. All those decisions will be made by the Judge.
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