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Investment/rental property owned before marriage

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aephilli

Junior Member
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?
 


LdiJ

Senior Member
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.

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
 

nextwife

Senior Member
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.+
 

LdiJ

Senior Member
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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