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  #1  
Old 10-27-2007, 10:40 PM
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Question

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?
  #2  
Old 10-28-2007, 03:25 AM
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Quote:
Originally Posted by aephilli View Post
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
  #3  
Old 10-28-2007, 08:31 AM
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Originally Posted by LdiJ View Post
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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  #4  
Old 10-28-2007, 10:28 AM
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Originally Posted by nextwife View Post
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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