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    twastew85's Avatar
    twastew85 Posts: 3, Reputation: 2
    New Member
    		  
    #1

    Dec 4, 2007, 06:52 AM
    House Title in husbands name, Florida
    Married 11 yrs. In Florida, how is the house "distributed" between us in a divorce?

    He had the house 5 yrs before we were married. Only his name is on the title. Florida is "equitable distribution" state.

    It is paid for, with exception of Home Equity Loan of $30K.

    Do I have any rights to the house if divorce is imminent?
    I have been on a medical leave for a year, can not work. Any advice is appreciated.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Dec 4, 2007, 07:19 AM
    If it's equitable distribution, unless the divorce agreement you both negotiate says otherwise you've got 50% rights to the house, in his name or not, I believe.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Dec 4, 2007, 07:24 AM
    Distribution of assets is often a negotiation. So you need to talk to your attorney to advise what would be equitable.
    twastew85's Avatar
    twastew85 Posts: 3, Reputation: 2
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    #4

    Dec 4, 2007, 07:46 AM
    Thanks, Charlotte and Scott for your quick response. I feel much better.
    Would I be able to recoop my inheritance monies that I paid for HIS bills, credit cards, Loan payments on the house. I have kept all check stubs. I don't want to take him to the cleaners, but I don't want him to put me on the street, either. I'm to old to start over. Once again, Thank You Very Much,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Dec 4, 2007, 08:16 AM
    Again that's an issue of negotiation. If you can show how much of personal funds you invested thet can be taken off the top.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Dec 4, 2007, 09:07 AM
    Hello t:

    You only say the house was bought before you were married and that it's paid off. THAT isn't enough information.

    If he owned the house OUTRIGHT before you were married, it's more than likely going to be his property after you divorce.

    If, however, the house was paid off DURING the marriage, then you'll get a piece of it.

    Nahhh. The divorce court is not going to mediate every bill and every payment each of you made on the others behalf.

    excon
    twastew85's Avatar
    twastew85 Posts: 3, Reputation: 2
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    #7

    Dec 4, 2007, 11:05 AM
    Dear excon, he took out a home equity loan on the house for a business that went belly-up during our marriage. I have paid on this loan for years using my own inheritance + paycheck to bail him. Not a scholar, but I would guess that qualifies for something.--other than me being a dummy to do it.
    Thanks for your input, I really appreciate it.
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