Divorce & The Family Home: A Guide to Your Rights
As Florida family law attorneys who work to help our clients get through divorce with as little stress as possible, while also achieving their goals, one of the most important issues that clients have questions about are property division issues. This has become even more pressing given the current COVID-19 pandemic, as we potentially approach a housing crisis, and people become more and more concerned about their rights to the family home. Florida Law & Issues That Can Arise Florida law is clear regarding marital assets being distributed equally unless there is justification to do otherwise based on a number of factors that the court can take into account, such as the contribution of each spouse to the marriage, the duration of the marriage, the contribution of each spouse to assets, etc. However, questions can arise depending upon the particular circumstances of a relationship, for example, if the mortgage is in one person’s name only, if one or both spouses lost their jobs, if the home is in foreclosure, if one spouse’s inheritance was used to make improvements on the home, etc. The Name On The Mortgage Is Less Important Than Each Spouse’s Actions When it comes to the family home, as long as it was acquired during the marriage, both spouses have an interest in it and any equity, regardless of whether only one spouse’s name is listed on the mortgage. However, the actions of one spouse do affect the rights of the other. For example, if one spouse fails to pay the mortgage without the other one knowing and this depletes the equity, the unknowing spouse could be entitled to a credit upon divorce. Regardless, failing to be named on the mortgage does not negate one person’s interest in the home if the home was acquired during marriage. Initiating The Divorce Creates Certain Disclosure Obligations While the mortgage company may only be obligated to communicate with the individual who is listed on the mortgage, not only is the other spouse entitled to know whether the mortgage payments are being made, but once that the divorce is initiated, regular disclosures need to be made as to whether the mortgage is being paid in full and on time, as failing to do so is considered to be a dissipation of the asset. Other Rules: Moving Out Does Not Destroy Interest & You Cannot Sell The Home Without Consent From The Other Spouse Another question that we frequently receive is whether it is safe to move out of the home, or if that would somehow destroy one’s interest in the home as an asset. Note that one spouse cannot destroy their interest in the home simply by moving out. Also note that neither spouse can sell or dispose of the property without the consent of the other spouse. Contact Our Florida Family Law Attorneys Today for Assistance Whether you have questions or concerns about custody, alimony, divorce, the family home, other assets, whether you should purchase another home after divorce, etc., our Tampa family attorneys are here for you. Contact HD Law Partners today to find out how we can protect your rights and serve your interests. Resource: nj.com/advice/2020/05/im-getting-a-divorce-do-i-have-a-right-to-our-house.html Needing a Divorce in the Time of the Coronavirus: How to Protect Yourself Posted in Divorce | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us