What is the name of your state? Florida.
I am getting divorced after 9 years of being married to a man that was intentionally under employed the whole time we were married. I owned a house and property in another state prior to our marriage which was sold and the funds used to purchase our marital home. During our marriage he didn't contribute towards mortgage payments, taxes, insurance or anything. He spent money right and left on a failing business while I worked to cover his losses. I have had a separate checking account for several years because he would also spend money on drugs when he could. I bought a commercial building two years ago and put his name on it, in case something happened to me. (stupid) His attorney calls that a gift, not my intention. I know Florida is no-fault. His attorney says he gets 1/2 of everything. Reading 61.075, it seems to me that I should be entitled to the funds I have contributed. The marital home also has alot of debt owed due to loans covering his bad business decissions. There is also debt owed to my pre-marital business. He had nothing when I met him and now wants over $200,000. and a couple of boats (I paid for) and a 2005 truck and all our interest in a piece of property in the Bahams (I am making those payments too) Any recent case law that I could feel good about? Will a judge take everything in consideration? I can prove special equity, do I have to prove that I didn't intend any gifts, or does he have to prove I did? Sorry this is so long.
I am getting divorced after 9 years of being married to a man that was intentionally under employed the whole time we were married. I owned a house and property in another state prior to our marriage which was sold and the funds used to purchase our marital home. During our marriage he didn't contribute towards mortgage payments, taxes, insurance or anything. He spent money right and left on a failing business while I worked to cover his losses. I have had a separate checking account for several years because he would also spend money on drugs when he could. I bought a commercial building two years ago and put his name on it, in case something happened to me. (stupid) His attorney calls that a gift, not my intention. I know Florida is no-fault. His attorney says he gets 1/2 of everything. Reading 61.075, it seems to me that I should be entitled to the funds I have contributed. The marital home also has alot of debt owed due to loans covering his bad business decissions. There is also debt owed to my pre-marital business. He had nothing when I met him and now wants over $200,000. and a couple of boats (I paid for) and a 2005 truck and all our interest in a piece of property in the Bahams (I am making those payments too) Any recent case law that I could feel good about? Will a judge take everything in consideration? I can prove special equity, do I have to prove that I didn't intend any gifts, or does he have to prove I did? Sorry this is so long.