What constitutes Marital and non marital property?

Asked about 2 years ago - New Port Richey, FL

I am currently going through a divorce, I was married 1/2009. My parents purchased my home for me in 2005, however they took the mortgage out on their home for the purchase of my home, so I am actually paying for my home on a mortgage that's on their home. So my parents in 4/2011 put mine and my husbands name on the deed so we could get homestead on my home and have a break on property taxes. On my parents end the house is not paid for but the way it looks is that the house IS paid for. I have a mortgage payment that comes out of MY bank account and proof of that each month. Does he have rights to my home even though I had it before we started dating and got married? Is it considered a marital asset now? He refuses to sign the deed back to my parents or myself and he does have an attorney.

Attorney answers (5)

  1. Omar Jose Famada


    Contributor Level 11

    Answered . You didn't have to put him on the deed to receive the homestead exemption.

    When you placed his name on title, you made it his property. You commingled nonmarital property and made it marital property by placing him on the deed. You have created a presumption that you wanted him to be part owner of the property.

    Regarding the mortgage: your parents will have to testify to the agreement. If you have any written agreements between you and your parents, you will have to produce it to your Husband's attorney.

  2. Howard M Lewis


    Contributor Level 20

    Answered . I am sorry that you are going through this, from my reading, it appears that you may have inadvertenly placed your personal property into martial property, please chat with a local attny to go over your option and how best to prove the issues, this can be figure out by a good local attny.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Dave Kumar Roy


    Contributor Level 11

    Answered . In a nutshell, your parents need to intervene in your divorce proveedings to assert an Equitable Lien claim The answer to that is very complex and requires a phone conversation. Call me. 561-584-3514.

  4. John Arthur Smitten

    Contributor Level 18

    Answered . By putting your husband's name on the deed you gave him a gift of equity. The house is half his.

  5. John Stocks

    Contributor Level 9

    Answered . The court can award property to either party at the court's discretion. Labeling something community or marital versus separate or non-marital can be immaterial to the final distribution of or division of property in a divorce.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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