Q: my dad purchased property with money from his workman’s comp injury. Is his wife’s entitled? Her name is on it by FL law
They’ve been separated 15 years and he is filing for divorce. Her name was only on it due to it being the lane in Florida that your spouse be on the deed. Due to it being purchased with money from his injury is she entitled to half? I’m his power of attorney
A: You will need to come forward with evidence in the divorce that the settlement and home purchase were "non-marital." You are correct that there is a presumption that real property purchased during a marriage is marital (joint). The 15 year separation will also be helpful. Speak with a local family law attorney for more specific advice.
A: Property purchased during a marriage is presumed to be marital although arguments can be made for an unequal distribution or that the property not be considered marital at all. The length of their separation is helpful and so is the fact that he used funds from a workers comp case as those funds are generally considered compensation for future lost wages. Understand that some of the workers comp claim could be considered marital as some of the claims do include amounts for past lost wages. When you have individuals that are separated for long periods of time it can complicate divorce proceedings. I would recommend that your father hire an attorney to assist him with the divorce as alot is at stake and he needs someone with experience in these matters. Going it alone would be a bad idea.
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