Marital Home

[seejohnson44]

I've been married for 16 years. I live in Florida. My mother passed away a couple of years ago. I took the inheritance I received from her and bought a house with it. Less than a year later, I filed for divorce. My wife and I are both listed on the deed to the house. The question is how might a judge decide to distribute the proceeds from the sale of the house?

Thanks.

 

[Zigner]

I've been married for 16 years. I live in Florida. My mother passed away a couple of years ago. I took the inheritance I received from her and bought a house with it. Less than a year later, I filed for divorce. My wife and I are both listed on the deed to the house. The question is how might a judge decide to distribute the proceeds from the sale of the house?

Thanks.

Florida is an equitable distribution state. That means that a judge would do what is equitable (fair). Please keep in mind that "fair" to a court may not be what you think is "fair". You would probably be in a better position if you can work out a settlement with your wife.

 

[adjusterjack]

how might a judge decide to distribute the proceeds from the sale of the house?

Likely in a way that will make you very unhappy.

 

[HRZ]

Had you kept it as inherited property just in your name it may have been out of the division pot....but that point is 100% too late now ...unless you are super good at sweet talk and STBX agrees in writing and it is so part of order ....bargain well....

 

[latigo]

I've been married for 16 years. I live in Florida. My mother passed away a couple of years ago. I took the inheritance I received from her and bought a house with it. Less than a year later, I filed for divorce. My wife and I are both listed on the deed to the house. The question is how might a judge decide to distribute the proceeds from the sale of the house?

Thanks.

I presume that you are aware that the act of taking title in joint names with no mention of differing interests in the grantees (also presumed) is strong if not clear and convincing of your intention to gift your wife an undivided one-half interest in the home. That is, you transmuted what was you sole and separate property into jointly held marital putting it on the block subject to the elusive and indefinable "equitable division".

And with less that a year to go in the marriage? Dumb, son.