We have been married for 4 years, we do not own a home. He pays the rent, everything else is in my name. We do not have joint accounts of any kind or joint credit cards. I want the divorce he does not. I originally was the only name on the lease, our lease was never renewed so its on a month to month bases. He moved to Florida later. I would like to stay in the rental property if possible. I purchased all the furniture in the home (I have the receipts, along with the security deposit for the rental). What do I do?
Is the rental property you currently share with your Husband in FL? It is a bit unclear because you also state that he moved to FL later.
If you and your husband are living in FL, or if at least one of you have lived in FL for a period of 6 months, then you may file for divorce in FL. In FL, either spouse can seek to dissolve the marriage, regardless of whether the other wishes to stay married.
If you and your spouse own no real estate, have no minor children, and can agree on how you will divide all personal property and debts, then you can file a Simplified Dissolution of Marriage. A link to this form can be found here: https://www.flcourts.org/content/download/403028/3456502/901a.pdf
Note: having an asset or debt listed solely in your name, or purchasing an asset with funds from a bank account in solely your name, does NOT necessarily mean that is your separate property. Any income earned during the marriage is considered a "marital" asset. For example: You may receive weekly paychecks from your employer, and deposit those checks into your personal checking account. Common sense would lead you to believe that is YOUR personal money. But, not so fast.... the earnings you acquire during the marriage belong to marriage. Worse yet, if you spent those earnings on separate property for your sole use, that property is still "marital" property because you purchased it with "marital" money. The only money/assets acquired during your marriage that can be classified as your own, separate, private property would be anything you receive through inheritance or receive as a gift.
Now, all that being said, you and your spouse can agree to divide your property any way you see fit. Who is able to remain in the rental property will depend on your particular rental/leasing agreement.
If you have additional and/or more specific questions about the process, I would recommend scheduling a consultation with an attorney in your area. Many reputable family law attorneys in and around Milton offer low cost or free consultations, myself included.
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