Q: If you are doing an uncontested divorce. You’ve been married 18 years. Your spouse owns the house, but you’ve both been

A: In Florida, marital property is typically divided equitably in a divorce. This means that all assets and debts acquired during the marriage, regardless of who owns them, are considered marital property and subject to division.

In the case you've described, the house is considered marital property, and even though your spouse is the legal owner, you may have a claim to a portion of its value. Your contributions to the mortgage payments over the past 18 years could be considered a form of marital contribution, and you may be entitled to compensation for your share of the equity in the home.

However, it's important to note that an uncontested divorce means that both parties have agreed on the terms of the divorce, including property division, without the need for a court to intervene. It's possible that you and your spouse have already reached an agreement regarding the house and any compensation you may receive.

If you haven't reached an agreement, it's advisable to consult with an attorney who can review the details of your case and help you understand your legal rights and options. They can assist you in negotiating a fair settlement or represent you in court if necessary.

A: Generally, assets and debts acquired during the marriage are considered marital regardless of whether just one spouse is on title. Therefore if the home was purchased during the marriage you would most likely have an interest in it.

If the home was purchased before the marriage it would generally be considered a non-marital asset but if marital funds were used to pay the mortgage or enhance the value of the property you could have a marital interest in the non marital home.

I would recommend that you speak with a local family law attorney to assist you with this as it could be a complex issue that a seasoned attorney should be helping you with.