Property division another state

[david323]

What is the name of your state? FL

Have been in FL the past year, wife is back in CA. Married 9 years, no kids. All marital property is in CA (FL home is family home I moved into). Wife will be defendant. If I file for divorce would it be done in FL or go back to a CA courtroom? If it could be done in FL, can FL divide the martial assets with equitable division or would the division revert back to CA and it's community division?

Did consults with three lawyers: one doesn't have any clue, the other two are "pretty sure" it could be done in FL...but honestly sounded like just wanted me to pay the retailer and kind of "we will see what happens". If our assets were in FL and we had a second home elsewhere then I could see FL divide that second home elsewhere, but the fact that neither of us has any marital assets here (not sure if me dipping into my retirement here counts for anything) makes me question if FL will divide anything.

Marital home is in CA (I paid for it all, don't think it matters). Retired three years ago, income was back in CA, etc basically everything is in CA I just dip into investments to pay bills. My martial assets >>> my wife's marital assets. Wife isn't interested in a divorce, she gets a free home and I autopay all bills back in CA. I am not interesting in remarrying either, but don't want the burden of a wife, if it's not really a wife. If I could do it in FL, I will, if not I plan on doing it in a few years when my martials assets aren't so different from hers.

 

[adjusterjack]

Talk to a CA attorney. You're making this more difficult then it has to be.

 

[Zigner]

What is the name of your state? FL

Have been in FL the past year, wife is back in CA. Married 9 years, no kids. All marital property is in CA (FL home is family home I moved into). Wife will be defendant. If I file for divorce would it be done in FL or go back to a CA courtroom?

Either.

If it could be done in FL, can FL divide the martial assets with equitable division or would the division revert back to CA and it's community division?

Why do you believe the division of assets would be different either way?

Marital home is in CA (I paid for it all, don't think it matters). Retired three years ago, income was back in CA, etc basically everything is in CA I just dip into investments to pay bills. My martial assets >>> my wife's marital assets. Wife isn't interested in a divorce, she gets a free home and I autopay all bills back in CA. I am not interesting in remarrying either, but don't want the burden of a wife, if it's not really a wife. If I could do it in FL, I will, if not I plan on doing it in a few years when my martials assets aren't so different from hers.

That makes no sense and shows a misunderstanding of what "marital assets" are. For your time in California, all of your "marital assets" are equal. Your non-marital assets are those that were acquired outside the marriage (such as an inheritance or other gift, or property owned prior to the marriage). Since you have separated, it could be argued that assets acquired since separation are separate.

 

[zddoodah]

Have been in FL the past year, wife is back in CA. Married 9 years, no kids. All marital property is in CA (FL home is family home I moved into).

I assume "family home" means a home owned by one or more members of your family other than your wife. Correct? If not, what does that mean?

Wife will be defendant. If I file for divorce would it be done in FL or go back to a CA courtroom?

"Would"? Either of you could file in Florida because that's where you live. Either of you could file in California because that's where your wife lives. It might be more efficient to file in California because that's where your marital/community property is located. However, you'd need to seek advice from an attorney in Florida about that (and it kinda sounds like the three lawyers with whom you consulted aren't particularly good).

What sorts of assets do you have (aside from a marital home), and how much money is at issue?

If it could be done in FL, can FL divide the martial assets with equitable division or would the division revert back to CA and it's community division?

A Florida court will apply Florida law to all issues unless one or the parties claims another state's laws should be applied and, based on Florida's choice of law rules, convinces the court to adopt that position.

Marital home is in CA (I paid for it all, don't think it matters).

Whether it matters depends on what "I paid for it all" means. If it means that you wrote checks from an account that only had community property in it but only had your name on it, then it doesn't matter.

My martial assets >>> my wife's marital assets.

That makes no sense. There is no "my" or "my wife's." There are simply marital assets and nonmarital assets (or, to use California terminology, separate property and community property).

 

[Ohiogal]

has wife ever lived in FL? Does she have substantial contacts with FL? If not, FL might not have personal jurisdiction of her.