Under Florida law, a home purchased during the marriage is considered marital property, subject to equitable division and distribution by the Judge in your divorce case. There are many "ins" and "outs" on the Deed issue but, from the limited facts you state, you should check with an attorney to be sure you receive your fair share of the house's marital value. Good luck to you!
As I have not been hired as your attorney I am ethically bound to limit my legal advice to non-case specific information. I hope this helps.
In addition to a 1/2 "marital interest" in all property acquired during the duration of and jointly maintained as a result of the marriage the Florida Constitution provides additional homestead protection in real property which is the marital home of a spouse whether that spouse is listed on the title or not. FL Constitution requires that said spouse must sign the mortgage in order for it to be enforceable against his/her homestead interest in the real property. Children under 18 may also be covered under Florida constitutional homestead protection. I would advise you speaking directly with an attorney that is knowledgeable in family law AND Real property Law as this matter crosses multiple areas of law. Much like everything else in your life such matters cannot be divided neatly from the rest of the practice of law.
Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful.
Florida is a no fault divorce state. The only requirements to getting a divorce in the state of Florida are: 1) that the marriage be declared by one of the partners as irretrievably broken, and 2) that the declaring party be a resident of the state of Florida for six (6) months prior to filing the petition. Property is divided according to equitable distribution principals not according to community property principals of law. Also, any property that was acquired prior to the marriage or that was acquired via gift or inheritance is not considered marital property unless commingled with marital property after date of marriage. When the court determines custody, Florida Judges tend to be gender neutral in determining which parent the child should be placed with. Factors which determine custody are based upon what is in the best interest of the child.
The best advice that I can recommend to you is to contact a local family law attorney that can assist you with the specific issues and give you advice on your unique situation.
Best of luck,
Shawn C. Newman, Esq.
Attorney At Law
1881 NE 26th Street, Suite 212E
Wilton Manors, FL 33305
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