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non-marital assets/prenup

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seagoing

Member
What is the name of your state (only U.S. law)? Florida
If my home that I owned prior to marriage gains equity during marriage ,and,marriage fails,would equity be non-marital?or would a pre-nup be needed to keep seperate.If possible.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida
If my home that I owned prior to marriage gains equity during marriage ,and,marriage fails,would equity be non-marital?or would a pre-nup be needed to keep seperate.If possible.
If marital funds are used to maintain the property and pay the mortgage and property taxes, then any equity that accrues during the marriage would be marital property.

Example: You buy a house for 100k and take out an 80k mortgage.

On the date of marriage the house is worth 120k and there is a 60k mortgage balance. There is 60k of equity in the home.

On the date of divorce the house is worth 150k and there is a 40k mortgage. There is 110k equity in the home, but only 50k of that equity is marital property, because only 50k of it accrued during the marriage.
 

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