Tampa, FL asked in Divorce, Family Law and Real Estate Law for Florida

Q: Am I entitled to half the proceeds from a house bought during marriage if not on the deed?

I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the proceeds when he sells the house.

4 Lawyer Answers

A: The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the past four years. That would be a credit to him. While you will be entitled to some portion of the sale proceeds it may not be half. You may want to file for divorce sooner rather than later. Speak with a local family lawyer for more specific advice.

Symantha Rhodes agrees with this answer

A: Whether you are entitled to half the proceeds from a house bought during your marriage, even if you are not on the deed, depends heavily on the laws of your specific state.

Some states are "community property" states. In these states, assets acquired during the marriage are generally considered jointly owned, regardless of whose name is on the title. Therefore, you would likely be entitled to half the value of the house. Most states follow "equitable distribution." This means that assets are divided fairly, but not necessarily equally. Courts consider various factors, such as the length of the marriage, contributions to the property, and each spouse's financial situation. Even if you are not on the deed, a court may still award you a portion of the house's value.

A: Are You Entitled to Half the Proceeds? Yes, generally—If the home was purchased during the marriage with marital funds, it is a marital asset, and you likely have a claim to half of the equity. However, if your husband purchased the house with non-marital funds (such as an inheritance) and can prove it, the court may determine that some or all of the property is non-marital.

Destardes Moore
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Answered

A: A home purchased during the marriage is typically considered marital property subject to equitable distribution, regardless of whose name is on the deed. The percentage you are entitled to receive is determined during the divorce process based on various factors. If your husband made mortgage payments and covered maintenance costs during the four-year separation, he may be entitled to credits. To properly assess your potential share, additional information would be needed. I recommend consulting a Florida family law attorney for advice specific to your situation.

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