Florida Legal Information - Steven deLaroche
Frequently Asked Questions - Marital Property in Florida

Criminal Defense, Business Law, and Family Law from an experienced attorney in Daytona Beach, contact Steven deLaroche, Attorney at Law at 386-947-0909.

Who gets the house in a divorce?

Because Florida is a "no-fault divorce" state, you can't punish your spouse for their bad behavior by asking the Court to award more of the assets to you. But, splitting up your assets in a divorce involves important decisions in which a good Florida divorce attorney can help protect your future.

In Florida, all property acquired during the marriage through the money that you share are the "marital assets", and can be divided between you and your spouse. It usually doesn't matter whose name is on the title. Even if they are retirement accounts, cars, motorcycles, or a house, 'owned" by one of you, it is a marital asset if your jointly-shared funds were used to obtain some or all of the item.

But, there is also non-marital property which is almost always not split as part of a divorce agreement. This includes assets that you had before you were married, income you receive from property you obtained before the marriage, or a gift or an inheritance you received individually. But, even if it is your gift or inheritance, it is absolutely critical that you don't co-mingle it with your shared funds. And you need to be able to prove such.

Other factors that affect the division of marital property include how easily the property can be separated. In the case of a house, you can't sell half a house. In Florida, the division of property is also not always "equal". It's important to present your personal situation about income, expenses, career assistance, and length of the marriage. All of these can dramatically impact the "fair" division of property in a divorce.

Choosing a divorce attorney is important to protect your financial future. Choose an attorney who understands the divorce laws and can best present your situation.