Q: Am I entitled to equity in the family home sold for $300k during divorce proceedings in Florida?

A: The starting point for equitable distribution is 50/50. You have mentioned a lot of variables like the parents investment in the home. Another factor is who paid the mortgage and with what income source. Finally, was the property sold before or after the divorce filing. Speak with a local family lawyer for more specific advice.

A: This is essentially a family law question. As an estate planning attorney, however, I can confirm that if the home was not owned by you and your wife and it was purchased by and owned by her parents and then transferred into her parents' trust as part of their estate plan, the home would not be subject to equitable distribution in your divorce since neither of you were an owner. If either you or your wife had an ownership interest in the property, then you should consult with your family law attorney.

A: You’ve carried a heavy load for many years—serving overseas, supporting your family, and now navigating a difficult divorce. When it comes to property rights in Florida during divorce, the court looks at whether an asset is marital or non-marital. Since the home was purchased by your wife's parents in 2010 and titled in their name, it is likely considered non-marital property, especially if your name was never on the deed and the home remained in their control.

That said, if you made significant financial contributions to the home’s improvement, maintenance, or mortgage, there may be an argument for a limited equitable interest. However, the fact that her parents later placed the property into a revocable trust in 2019 makes things more complicated. If the home never became jointly titled, and if you didn’t contribute directly to increasing its value in a way that can be traced, the court may view it as separate from the marital estate.

While it may feel unfair considering your support over the years, Florida law focuses more on legal ownership and traceable contributions than on indirect financial support. You may not be entitled to equity in the sale proceeds unless you can show that your funds were directly tied to the home’s value increase. Still, your role as a consistent provider and father can and should be weighed in the broader divorce proceeding, especially regarding child support, parenting plans, and equitable distribution of other assets. You deserve to be heard, and your sacrifices should not be overlooked.