• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property !

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

slimi

Junior Member
What is the name of your state (only U.S. lawFlorida
My condo is on my son's name & mine,if I got divorced would I be eligible to get my share?
Thank you
 


LdiJ

Senior Member
How did you pay for your condo?
If the condo is marital property (and it probably is) you would get 1/2 of your share, and your spouse would get the other 1/2. This is something that you need to have an attorney get to the nitty gritty of, however.

One thing however that I can guarantee, is that your son won't lose HIS share of the condo.
 

slimi

Junior Member
answer

It was paid by a gift from my sister in law to husband(her brother) and was bought after we've been married.
 

LdiJ

Senior Member
There's a fair chance you won't even get 1/2 of 1/2 of the value.
I agree, if it was a gift, and the gift was not made to you specifically (if it was just made to your husband) then its not marital property.
 
Were marital assets used to purchases and maintain the property?[/QUOTE]


All you may be entitled to is a reimbursement for half of any marital funds used to maintain the house or make any mortgage payments if there were any...but you would need proper documentation.
 

Ohiogal

Queen Bee
I agree, if it was a gift, and the gift was not made to you specifically (if it was just made to your husband) then its not marital property.
HER name is on the condo however (the deed?) and hence she is an owner entitled to at least 1/2 of her 1/2. If it was a gift to hubby why wasn't his name put on the condo? Who does he owe money too that he is trying to hide his assets?
 

LdiJ

Senior Member
HER name is on the condo however (the deed?) and hence she is an owner entitled to at least 1/2 of her 1/2. If it was a gift to hubby why wasn't his name put on the condo? Who does he owe money too that he is trying to hide his assets?
I know, that's confusing. Something about the story is unclear.
 

Ohiogal

Queen Bee
I know, that's confusing. Something about the story is unclear.
I am thinking if hubby was given the money to purchase he is trying to hide assets. which means they are ALL engaging in fraud. I wonder how old the son is?
 

slimi

Junior Member
property

OK I need to clear this for all,my husband and I are not engaged in any fraud he just wanted to make it easy for me at the time of purchasing so my name is on the deed.
Now for the son he's 23 years old, my stepson.
The whole problem is now since our relations getting rocky he wants me to take my name off it and have his name on the deed,that's where my question came in regarding what are my rights if I took my name off the deed and got divorced will I still be able to claim
any of it,since we've been married in 2001 and I worked most of the years (he's disabled)
I was a big part of the financial support which he seems to not recognize.
Thank you for all your responds it's the only way I can get any information at this point.
 

mistoffolees

Senior Member
OK I need to clear this for all,my husband and I are not engaged in any fraud he just wanted to make it easy for me at the time of purchasing so my name is on the deed.
Now for the son he's 23 years old, my stepson.
The whole problem is now since our relations getting rocky he wants me to take my name off it and have his name on the deed,that's where my question came in regarding what are my rights if I took my name off the deed and got divorced will I still be able to claim
any of it,since we've been married in 2001 and I worked most of the years (he's disabled)
I was a big part of the financial support which he seems to not recognize.
Thank you for all your responds it's the only way I can get any information at this point.
I would certainly not take my name off the deed. If you took your name off the deed, you are PROBABLY going to still be able to claim your share, but you'll need to have good records to show that it was marital property. Better to leave it alone.
 

Ohiogal

Queen Bee
OK I need to clear this for all,my husband and I are not engaged in any fraud he just wanted to make it easy for me at the time of purchasing so my name is on the deed.
Now for the son he's 23 years old, my stepson.
The whole problem is now since our relations getting rocky he wants me to take my name off it and have his name on the deed,that's where my question came in regarding what are my rights if I took my name off the deed and got divorced will I still be able to claim
any of it,since we've been married in 2001 and I worked most of the years (he's disabled)
I was a big part of the financial support which he seems to not recognize.
Thank you for all your responds it's the only way I can get any information at this point.
I agree with Misty. DO NOT take your name off the deed. This is your property as well as your stepson's. You are entitled to half of half the equity -- a fourth. You have ownership and not just a marital interest. Hubby only has a marital interest. Why isn't hubby's name on the deed?
 

slimi

Junior Member
property

How can I tell him I'm not getting my name off the deed when he requests I do so,
I just want to take my name off it and go on with my life,but if I leave I have nothing as far as a place to stay.

Thank you
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top