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I am separating from my domestic partner and we have 2 properties under both of our names, what are my legal rights?
Miramar, FL
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Posted about 1 month ago in Divorce / Separation
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We have these 2 properties, one we owe up right and the other one has a mortgage under my name.
1- I want to keep the property that has the mortgage under my name, can I force her to leave if I buy her off? 2-I have been supporting her for 5 years, so in reality most of the savings are mine; however I am wiling to split everything in half. Can I close or remove money from the savings accounts and split it evenly without her concent if she doesnt want to do it together? 3-We have a car and the loan is under both of our name, but the registration under her name. if I keep the car, how do I go about it? Thank you. Answers (1)Erskine Clark Rogers III
This attorney is licensed in Florida.
Posted about 1 month ago.
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Because of the large amount of established divorce law, sometimes division of property between unmarried persons can be more complex than division of property between married persons.
Jointly owned real and personal property can be partitioned by the court. This process has some expense involved and can lead to a low sale at the court house steps. Most folks come to some sort of agreement when it comes to dividing up joint property. Otherwise, it is more likely than not each party will end up with less due to the expense involved in legal proceedings. With the real property involved, spend a little money to be sure you receive clear and marketable tile of the property. Als you may want to obtain title insurance. Also in Florida you can be liabile to third parties for any injury caused by a vehicle you own, even if someone else registers the vehicle. Of course, you can be liable on any joint debts if that obligation is unpaid regardless of the agreement you may have with the other party. Similarly, Florida rules regarding joint bank accounts or complicated as well. Generally, however, removal of one half of the account will not result in adverse consequences. I recommend that you obtain a consult from a qualified attorney in your area. The above is provided as general information and not intended as a substitute for legal advice. |