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Florida Divorce Questions & Answers
4 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
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... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2025

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... View More

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4 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
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... View More

Destardes Moore
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Destardes Moore
answered on Mar 19, 2025

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... View More

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4 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
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... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 18, 2025

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...
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4 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
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... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Mar 18, 2025

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... View More

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1 Answer | Asked in Divorce, Child Support and Tax Law for Florida on
Q: Can I refuse to sign Form 8332 and claim both kids as custodial parent?

I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2025

If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More

2 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Can I force the sale of a joint property in Florida during a pending divorce?

I am currently going through a divorce that was filed in Canada, and we jointly own a property in Florida. The property is held in joint tenancy, and my spouse has been residing there for the past three months while I am in Canada. There are no existing agreements or court orders regarding the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 10, 2025

To a certain degree it will surely depend on what you divorce decree states, I would encourage that you reach an amicable resolution and compromise as it relates to the property (buyout, refinance or agree to sell the property0, if none of that can be attained, then you will be stuck with a... View More

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1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: Can a non-resident petition for divorce in FL with property involved?

I am a non-resident of Florida attempting to petition for divorce from my spouse who has lived in Florida for less than 6 months and refuses to acknowledge the divorce. We have no children, but there is a jointly owned house in West Palm Beach, Florida. I have initiated the divorce process in... View More

Michael Ferrin
Michael Ferrin
answered on Mar 10, 2025

You can file in Florida but not until she has been in Florida for at least 6 months. You can try and file it sooner than the 6 months if there would be no other jurisdiction that could address the divorce, but to be safe you would want to wait the 6 months if you can.

2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: Why is there a motion to vacate in my uncontested divorce in FL?

I filed an uncontested divorce with my spouse. We have no children, and my husband signed a waiver stating he will receive no assets. I have inherited a home and a car. Recently, a motion to vacate was filed by another party with a general magistrate. The motion was filed on February 27, 2025, and... View More

Mr Eric Klein
Mr Eric Klein
answered on Mar 6, 2025

It sounds as if once you’re former spouse found out about the inheritance, they hired a lawyer to vacate the final judgment and make a play towards that inheritance. They’re probably claiming some type of fraud on your part. However, an inheritance is not subject to equitable distribution, so I... View More

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1 Answer | Asked in Divorce, Family Law and Contracts for Florida on
Q: Can I terminate alimony if ex-spouse is working full-time?

I was divorced by mutual agreement in October 2023 and agreed to pay alimony for three years. I am also responsible for all marital debt since I signed all the loans, including a $10,000 consolidation loan, resulting in an extra $150 monthly payment. The alimony agreement doesn't specify... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 3, 2025

Generally speaking, alimony os modifiable unless your agreement says otherwise. Yes, you can file a modification without an attorney. You need to compare the income numbers that were used to calculate the original alimony award versus what the income numbers are now to see if you have a valid... View More

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Is my parents' house a marital asset in my divorce?

In 2007, my parents used a quit claim deed for $10 to add my name to their house to allow me to obtain builder permits for construction. I have no financial investment in the property. I'm now going through a divorce after being married for 27 years. My name was added to the house deed 10... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 27, 2025

First, it is too late to remove your name now. Second, what is more important is whether you have invested any money in the house during the time that your name was on the deed. Your name on the deed, by itself, does not make the property something for the court to consider. Depending on how it is... View More

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3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Is my parents' house a marital asset in my divorce?

In 2007, my parents used a quit claim deed for $10 to add my name to their house to allow me to obtain builder permits for construction. I have no financial investment in the property. I'm now going through a divorce after being married for 27 years. My name was added to the house deed 10... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 27, 2025

You should have an attorney. If you do, you should be asking your attorney this question. By virtue of you being on the deed, you have an ownership interest in it, making your ownership interest marital property in my opinion. As the other attorney points out, you have a good argument to claim that... View More

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3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Is my parents' house a marital asset in my divorce?

In 2007, my parents used a quit claim deed for $10 to add my name to their house to allow me to obtain builder permits for construction. I have no financial investment in the property. I'm now going through a divorce after being married for 27 years. My name was added to the house deed 10... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Feb 27, 2025

In divorce proceedings, courts generally presume that assets acquired during the marriage are marital unless proven otherwise. Your spouse could argue that your name on the deed represents an ownership interest and that any appreciation in value during the marriage should be divided. However, a... View More

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1 Answer | Asked in Divorce for Florida on
Q: I would like to file for divorce but I don’t have money right now since I’m a stay home mom

I want to know where should I start and how the process would be with two houses under our marriage and two small children

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 26, 2025

Generally speaking, all of your marital assets and liabilities will be divided in half, including the houses. Regarding the children, you will enter into a parenting plan which will define all rights and responsibilities regarding the children. If you have been married long enough you can ask for... View More

1 Answer | Asked in Divorce and Contracts for Florida on
Q: Seeking guidance for amicable divorce paperwork and court filings in Florida with all terms agreed upon.

I am seeking guidance on executing the required paperwork and court filings for an amicable, peaceful divorce in Florida after 27.5 years of marriage. There are no children involved, and my spouse and I have agreed on all terms, including a detailed settlement covering all marital assets. We have... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 21, 2025

All of the necessary forms are available online for free... View More

2 Answers | Asked in Divorce for Florida on
Q: Can I get financial support from my ex husband after divorce?
William Steven Foley
William Steven Foley
answered on Feb 24, 2025

In Florida, you may be eligible to receive financial support from your ex-husband after divorce through alimony, also known as spousal support. However, the Final Judgment must be taken into consideration. The court considers several factors when determining eligibility and the amount of alimony,... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Kunal Mirchandani
Kunal Mirchandani
answered on Jan 29, 2025

I'm sorry to hear you're going through this tough situation. In general, if you're in the process of divorce and trying to support your kids, it's important to know your legal rights. As for selling items in the home, technically, it depends on whether the property is considered... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Joe Benson
Joe Benson
answered on Jan 30, 2025

Typically, if you are in need of financial support to pay your bills and take care of your children and your husband is contributing or providing financial support, then you are forced to request through the court either temporary child support and/or spousal support. The amount of child support... View More

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2 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Florida on
Q: In Fl, can a notory notorize her live in boyfriend's divorce papers that she filled out, paidthefeefor,and turns in 4him

My soon to be ex husbands live in girlfriend (who is also the notory) filled out dissolution of marriage packet(handwritten,not typed), notorized, turned in to be filed, AND paid the filing fee. All he did was sign, she did everything else. She also put the wrong date FOR date of marriage, plus the... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 24, 2025

In Fla., an unmarried significant other is permitted to notarize their partner's signature unless the notary has a financial interest in or is a party to the underlying transaction. Being a notary does NOT give him/her the right to represent her partner - only a lawyer can lawfully do that.... View More

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1 Answer | Asked in Divorce, Family Law and Probate for Florida on
Q: Clarification Needed on Pension Judgment and Estate

I successfully obtained a court judgment that entitles me to receive a specific portion of my ex-husband's pension. However, he recently passed away before I was able to collect the full amount awarded to me.

Given this situation, I would like to know if it is possible for me to... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 23, 2025

You will likely need to file a claim against your ex-husband's estate in probate court to collect the remaining pension benefits. You can do this by contacting the Probate Court, submitting a claim within the statutory period allowed for creditors after the estate is opened, and providing... View More

3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: I’m going through a divorce after 15 years of marriage, and I have some questions about how to navigate it.

Custody and Support:

We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More

Joe Benson
Joe Benson
answered on Jan 20, 2025

As to the five topics you referenced (Custody & Support, Financial matters, Alimony, Life Insurance & Car, and Legal protection), you are free to enter into any agreement you like that addresses these topics. But beware, once you agree to the terms you are bound by them and cannot cry... View More

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