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If I contest a divorce and the house is in my name, what is my chance on losing the house?

If I contest a divorce and the house is in my name, what is my chance on losing the house?

Full question:

If I contest a divorce and the house is in my name, what is my chance on losing the house? The money to purchase the House was given to me while married.

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: Florida

Answer:

Florida is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The court begins with the assumption that property should be equally divided, regardless of whose
name it's in, unless there is a justification for unequal division.

Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor its income has been used for the common benefit of the parties during their marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is equitable distribution in Florida divorce?

Equitable distribution in Florida refers to the fair division of marital property and debts during a divorce. The court aims to achieve a fair outcome, which may not always mean an equal split. Factors considered include the length of the marriage, the financial circumstances of each spouse, and contributions to the marriage. It's important to note that property titled in one spouse's name can still be classified as marital property if acquired during the marriage with marital funds.

Can I keep my house if my spouse contests the divorce?

If your spouse contests the divorce, it doesn't automatically mean you'll lose the house. The court will consider various factors, including how the house was acquired and whether it is classified as marital or separate property. If the house was bought with funds given during the marriage, it may be deemed marital property, which could affect its division in the divorce.

What is considered separate property in Florida?

In Florida, separate property includes assets acquired before marriage, gifts, or inheritances received by one spouse. If the property was not used for the couple's benefit during the marriage, it typically remains separate. However, if marital funds were used to maintain or improve the property, it could be classified as marital property, affecting its division in a divorce.

How does the court determine property division in a divorce?

The court determines property division by evaluating various factors under Florida's equitable distribution laws. These factors include the duration of the marriage, each spouse's economic circumstances, contributions to the marriage, and the desirability of retaining the marital home for children. The goal is to achieve a fair distribution of assets and debts, not necessarily an equal one.

What happens if my spouse claims the house is theirs?

If your spouse claims the house is theirs, the court will examine evidence such as the title, how the house was purchased, and whether marital funds were used. If the house was bought with marital money, it may be considered marital property, regardless of whose name is on the title. The court will ultimately decide based on the principles of equitable distribution.