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Special equity

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isstyle

Junior Member
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.
 


LdiJ

Senior Member
Hon, you need a really slammin' attorney. Your situation is far too complicated for an internet message board.
 

Bali Hai

Senior Member
isstyle said:
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.

Well he has joined the ranks of all under-employed women. He should be congratulated.

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.

That was very nice of you.

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.

He reminds me of my ex-wife.

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)

You mean you BOTH bought that building.

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.

You didn't contribute, WE did.

The marital home also has alot of debt owed due to loans covering his bad business decissions.

And that debt is half yours.

There is also debt owed to my pre-marital business.

You get to keep all of that.

He had nothing when I met him and now wants over $200,000. and a couple of boats (I paid for)

Again, WE paid for those boats. $200k seems fair for the best years of his life that he gave to you.

and a 2005 truck and all our interest in a piece of property in the Bahams (I am making those payments too)

WE are making those payments.

Any recent case law that I could feel good about?

Yes, you are a woman.

Will a judge take everything in consideration?

Yes, I'm sure they will.

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.
Special equity? Because of what?

Reverse the roles and tell about why you think there should be any "special equity"?
 
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