Rights to property

[karcharz]

Florida
I am divorcing my husband of 4 years and we have been living in his house that he owned with his ex wife. I have lived there for 6 years. My husband has an agreement in his previous divorce stating that when the youngest child turns 18 they would sell the house and the ex wife would get her equity in the house. The youngest child turned 18 recently and they are in the process of selling. I just moved out in May 2012 The ex wife's name is still on the mortgage/deed and my name is not on the mortgage/deed. Do I have any claim to the proceeds from selling this property based on my marriage and my residence in his home?

 

[justalayman]

Do I have any claim to the proceeds from selling this property based on my marriage and my residence in his home?

at best you would have a claim to a share of the increase in equity gained from the time of the marriage to the time of filing for a divorce.

Given that the housing market has gone down the toilet during your marriage, that could result in absolutely nothing in some cases and in a worse case scenario, if it cause not only the loss of equity but an actual deficit situation, it could be a negative in your column of the balance sheet. In simpler terms: if it became a liability (debt) while married, you could share that debt, at least when determining the property division.

 

[latigo]

at best you would have a claim to a share of the increase in equity gained from the time of the marriage to the time of filing for a divorce.

Given that the housing market has gone down the toilet during your marriage, that could result in absolutely nothing in some cases and in a worse case scenario, if it cause not only the loss of equity but an actual deficit situation, it could be a negative in your column of the balance sheet. In simpler terms: if it became a liability (debt) while married, you could share that debt, at least when determining the property division.

To the extent that your post is given to mean enhanced equity due solely to market conditions, I must respectfully disagree.

Although Florida law defines marital assets to include the increased value and appreciation of non-marital assets, it is applicable ONLY when such enhancement results “either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.” See: FS Title VI, Chapter 61, Section 61-075 (a) 1.

Enhancement of a non-marital asset due solely to market conditions remains non-marital - as for example as it does in all community property law states in the treatment of the appreciated value of a spouse's sole and separate property.

Moreover, the OP needs to be made aware that any claim she has to marital assets can only be realized by adjudication in either divorce or probate court. She could not insist that she be included in the closing of a sale of the property.

 

[justalayman]

I'll accept your correction as long as I can correct you. There is no 61.075 (a)1. I believe your quote is from 61.075(1)(g)

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

but is not her painting the walls an enhancement or improvement? Cleaning house? just kidding with that but that section does allow for non-financial contributions to be considered as well. Obviously cleaning and simple maintenance is not going to be considered such a contribution but there are other possibilities. My mom helped build my family house. That was a pretty big contribution.

the main section:

(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including: