Fort Lauderdale, FL asked in Divorce, Immigration Law and Real Estate Law for Florida

Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.

2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Maybe. There is no status called separation in Florida. You are either married, or you are not. You should review the matter with your family law attorney. You should also have a real estate attorney represent you in the purchase of the home.

Pamela J. Fero agrees with this answer

Pamela J. Fero
Pamela J. Fero
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each spouse's contribution to the acquisition of the property, and each spouse's financial situation.

If you purchase a home in Florida while in the middle of a divorce, it is possible that your spouse may be entitled to a share of that property, depending on the circumstances. It is always best to consult with a qualified attorney who can advise you on your specific situation.

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