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Florida Family Law 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 Landlord - Tenant and Family Law for Florida on
Q: How can I remove my name from an unaffordable lease and solve my brother's living situation?

I'm 18 years old and unintentionally signed a lease under pressure from my mother, which starts on March 28th. I cannot afford it, and now I'm seeking to remove my name from it swiftly. The landlord is aware, and I've considered legal advice. My mother insists that my 16-year-old... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2025

You are asking two separate questions, legally.

You have no legal responsibility to house your younger brother.

Regarding the lease, tell the landlord that you are canceling. Do not take possession of the property. You may lose any deposit that may have been made. Speak with a local...
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1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: Can parents take my phone at 18 if I don't pay for it?

Can my parents legally take my phone if I am 18 years old, even though I don't pay for it? I currently live with them, they are my legal guardians, and there are no specific house rules or agreements about phone use.

Charles M.  Baron
Charles M. Baron
answered on Mar 15, 2025

Not sure if you are saying that your parents have been APPOINTED BY THE COURT to be your legal guardians while you are an adult, or instead are using that phrase loosely, with them not actually being appointed. If appointed by the Court, they likely have the right to control your possessions as if... View More

1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: Is it legal for my family to force me to get a birth control implant when I'm 18 or else I'll be put out on the street?

I am 18 years old and currently live with my grandmother and dad. They discovered that I have been seeing someone and are now forcing me to get a birth control implant; otherwise, they will make me move out. I found some organizations under the Project Heart Foundation, but I currently have no way... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 13, 2025

No, your family cannot force you to use birth control devices. You are of age and so they can't require it. If they require you to move out, they can do so. You can demand that your grandmother return your phone to you.

1 Answer | Asked in Family Law for Florida on
Q: Can fiancé's ex-wife prevent my mom from babysitting in FL based on cursing?

My fiancé's ex-wife is threatening that my mother should not be around my son because she cursed at the ex, even though my mother never curses around my son or directs anything harmful towards him. There are no legal orders or custody agreements relevant to this issue. My mother babysits my... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

Probably not. There is definitely no law that says that. There would have to be a motion filed with the court and proof brought forward at a hearing to show that your mother babysitting is not in the best interests of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for Florida on
Q: Options for dismissing ex's custody petition due to non-compliance and lack of contact with son.

I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Can child support be modified in FL/TX before resolution in IN?

I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a... View More

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 Estate Planning, Family Law and Probate for Florida on
Q: Ensuring inheritance for husband in Florida: Will or Trust needed?

I have been with my partner for 9 years, and we are planning to get married soon. I own a home with a mortgage balance of $195,000, which I plan to pay off when I sell this house and move further south in Florida. I want to ensure that if I pass away, my husband will inherit the new home, car,... View More

Anwar Elias Hadeed
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answered on Mar 10, 2025

To ensure your future husband inherits everything without probate, a trust is the best option. While adding him as a co-owner with rights of survivorship on the new home would allow him to inherit it automatically, your other assets—like your car, jewelry, and personal belongings—would still... View More

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3 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: Ensuring inheritance for husband in Florida: Will or Trust needed?

I have been with my partner for 9 years, and we are planning to get married soon. I own a home with a mortgage balance of $195,000, which I plan to pay off when I sell this house and move further south in Florida. I want to ensure that if I pass away, my husband will inherit the new home, car,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 3, 2025

While you can accomplish the goal in the manner that you have described (adding to deed, joint accounts, pay on death and transfer on death), it would be advised and wise to work with an estate planning attorney to accomplish these goals. While a Will is going to need to be probated and it would... View More

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1 Answer | Asked in Family Law for Florida on
Q: How to transfer spouse support from PA to FL?

I have an existing court order for spouse support in Pennsylvania. I am planning to move to Florida, and my spouse is already living in Tampa, FL. How can I transfer the spouse support order from Pennsylvania to Florida?

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

Unless you are having problems getting the payments there is no reason to transfer anything. In the future if you need to go to court in Florida to enforce the order then you will need to file a copy of the original support order from Pennsylvania. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Landlord - Tenant and Family Law for Florida on
Q: What are my rights to retrieve belongings from in-laws' house in Florida?

I have been living in my wife's parents' house with her for nearly 5 years. They have previously kicked me out during disputes, but I typically returned the next day. Now, I want to retrieve my belongings without returning to live there. I have a key to their house, and my wife still... View More

Pamela J. Fero
Pamela J. Fero
answered on Feb 19, 2025

You can politely ask your wife's parents for permission to access the home and retrieve your belongings. It’s best to communicate respectfully and clearly explain your intent. This can be done through a direct conversation, a phone call, or through a written message (email or letter). If... View More

2 Answers | Asked in Family Law and Civil Litigation for Florida on
Q: Concerned about potential dual marriage; can't find annulment records in Florida.

I got legally married in Aiken County, South Carolina, on September 11, 2024, to my current wife. Several years ago, I was married and obtained an annulment in Nassau County, Florida. However, I'm unable to find any records of the annulment, only our marriage license. Now, my ex-wife is asking... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2025

First, your ex wouldn't need that document to change her last name UNLESS the annulment order itself changed her name - in which case it's already changed. If the order didn't change her name, she needs to petition the court (in a new case) for a name change. Secondly, if you had a... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Outcome of temporary hearing for 50/50 custody request in Florida?

What is the likely outcome of a temporary hearing in Florida when Parent A is requesting 50/50 custody of a 5-month-old infant? The infant currently lives 5 hours away from Parent A due to the other parent's recent move, which happened right before Parent A filed to establish paternity. The... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 17, 2025

There are a lot of "what ifs" in your question. The starting point for timesharing is 50/50. You do not provide the reason for the move. Was it for a legitimate reason or just to put distance between the parties. Obviously 50/50 timesharing for an infant with the parents living 5 hours... View More

1 Answer | Asked in Family Law and Tax Law for Florida on
Q: I haven't lived with family in a year this month. Can they claim me on their taxes?

I'm 17, I was removed because of a pretty nasty CPS case and a lot of domestic abuse cases, and some felony cases on her party played a part into this. I haven't lived there since early 2024. My mom was receiving child support in this time, however not supporting me. No paying for... View More

Pamela J. Fero
Pamela J. Fero
answered on Feb 4, 2025

Under IRS rules, a parent or guardian can claim you as a dependent under the following conditions:

Residency Requirement: The child must have lived with the parent for more than half of the tax year.

Support Requirement: The parent must have provided more than half of the child’s...
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1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: If there is an injunction with a contact provision of using an app for child communication, am I required to do so?

I reside in Polk county fl, my ex is out of state. Per the order, I have full physical and legal custody, no time sharing. There is no parenting plan past or present. I assume the provision to use the app is there should I need to discuss the children. However, I am unclear on if I am ordered to do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2025

I would interpret the provision as follows:

1) You should download the app. Verify that the app gives notice to the other party that it gives notice to the other party that a message has been sent.

2) Ascertain that your ex has downloaded it as well.

3) If your ex...
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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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