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10-27-2007, 11:40 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 14
| | Investment/rental property owned before marriage What is the name of your state? Florida
If a spouse owned rental/investment property before marriage, is the increased value of that property considered a marital asset, as a retirement account or pension would be?
Also, if both spouses have retirement/pension/401K accounts, but one spouse earned/contributed substantially more to theirs during the marriage, and the couple divorces after both retire, how would division of that increased value be accomplished? Add 'em all together and divide by 2? | 
10-28-2007, 04:25 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,409
| | Quote:
Originally Posted by aephilli What is the name of your state? Florida
If a spouse owned rental/investment property before marriage, is the increased value of that property considered a marital asset, as a retirement account or pension would be? | Generally yes, unless it can be absolutely proven that no marital assets were involved in the maintanence/mortgage payments on the property. Quote: |
Also, if both spouses have retirement/pension/401K accounts, but one spouse earned/contributed substantially more to theirs during the marriage, and the couple divorces after both retire, how would division of that increased value be accomplished? Add 'em all together and divide by 2?
| Yes | 
10-28-2007, 09:31 AM
| | Senior Member | | Join Date: Jan 2003
Posts: 19,152
| | Quote:
Originally Posted by LdiJ Generally yes, unless it can be absolutely proven that no marital assets were involved in the maintanence/mortgage payments on the property. | Although, if he owned it long enough that it was, say, cash flowing by the time they married, it is very likely it covered itself and didn't need marital money.+
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10-28-2007, 11:28 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,409
| | Quote:
Originally Posted by nextwife Although, if he owned it long enough that it was, say, cash flowing by the time they married, it is very likely it covered itself and didn't need marital money.+ | True, if it never showed a loss on their tax return, then no marital assets maintained the property. | |
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