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Your property is yours alone in a divorce

| Sep 28, 2015 | Property Division |

Property division in Florida is well discussed among the state’s statutes. Chapter 61 of the Florida statutes discusses the particulars of this subject. One of the things that comes up early is that all assets that each party owned prior to the marriage will be returned to that person.

In other words, if you had property, a company or assets before you were married, this is not considered community property. You can keep any property that you had when you were married, whether it is a car, cash or a company. You must be able to prove you owned it, so keeping documentation is important.

If you own a home together with your soon-to-be ex-spouse, this is considered to be both or yours. If you have an interest in this property, that may not work in your favor. For example, if you put time, effort and money into the home that your partner did not participate in, this will be considered both of yours regardless of whose money was invested in the home.

Being able to discuss this with your attorney is important and he or she will ask you if there is documentation to support any claim you make. Is there proof you can offer that the property in question, such as antiques, a car or a company, was owned by you before the marriage was finalized? This could be crucial to you keeping your assets.

Both of you may be asked pointed questions by the court about any inheritances that you received during the marriage. You need to be able to speak to the fact that someone left you, and only you, property or assets.

Can you begin to see that you need to have an experienced attorney to guide you through this process? This individual will know the laws of the state of Florida, will be able to answer your questions and will help you get what you deserve.

Source: Florida Statutes, “Dissolution of marriage,” accessed Sep. 28, 2015

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