Q: Am I entitled to half the proceeds from selling a jointly owned home in Florida after 16 years with no formal agreement?
My life partner and I were together for 16 years, and we recently sold our home of 12 years located in Fort Pierce, Florida. She used her 401(k) funds to pay for the home initially. Although we did not have any legal agreement regarding ownership, we split everything else. Both our names were on the deed/title, and I contributed by performing maintenance and helping with taxes. There were no specific agreements on sharing financial contributions. Am I entitled to half of the proceeds from the sale?
A: Only if a judge says you are. Why weren't the sales proceeds issued in both names, since both names were on the title?
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A:
In Florida, if both your names were on the deed and title of the home, you are generally considered a joint owner, regardless of who paid for the property. This means that you may have a legal right to a share of the proceeds from the sale, even if there was no formal agreement on financial contributions.
However, because you did not have a clear agreement on how the proceeds would be divided, this could lead to a dispute. Florida law often looks at factors such as contributions to the property (like maintenance, taxes, and upkeep) when determining an equitable distribution in the absence of a formal contract.
Given that you've helped maintain the home and contributed in other ways, you may have a case for receiving a portion of the proceeds. It would be a good idea to consult with an attorney who can help clarify your rights and assist in reaching a fair resolution with your former partner.
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