Florida separation Law - property branch

Representing yourself in a Florida disunion is potential if you have strict data about your rights, the law and court procedures. You need to get it right the first time. Changing a Final Judgment is not always possible. If you make a mistake it can cost thousands of dollars for attorney's fees to fix it. This record will supply you with data about your asset ownership in a Florida divorce.

If you don't educate yourself about your rights, you could agree to accept much less than what you are entitled to. One recent disunion forum had this posting:

Rent To Own Homes In Jacksonville Florida

When I got divorced I didn't fight for his business. He makes 0k/yr and I've been a stay at home mom. I had a premarital Ira but I cashed it in when his firm needed money. Now I get 2k/mo alimony but I want to buy a house and don't have enough money. Man told me that if I have my boyfriend move it, I'll lose my alimony. Help!

By not together with the value of the marital firm in Equitable Distribution, this woman shortchanged herself and her children. Now she's in distress. Don't let that happen to you.

Is There a method for Equitable Distribution?

"Equitable Distribution," Florida's asset department process, starts with a 50/50 split of marital assets and debts, but in some situations an equal split may not be fair or equitable. There is no set method for unequal splits. For example, one of you may conclude to take more of the assets along with the loans on those assets because you can afford to do so. Unequal splits are unusual when cases go to trial.

Florida courts have ordered unequal splits when

One spouse is disabled and the other is employed One spouse is needed to care for a disabled child One spouse spoke exiguous English, had no formal study and never worked One spouse hasn't worked for years, the other is nearing retirement
As you can see, the situations for unequal distribution are not typical situations. Since Florida law starts with a 50/50 split of "marital assets and marital debts" and unequal splits are unusual, most couples will use the 50/50 formula.

What is "Marital?"

"Marital property" or "marital assets" contain whatever you spent money on during the marriage and still have - things like houses, cars, boats, televisions, dishes. Your "stuff" is called personal property. If you own property/house/dirt, it is called "real property."

"Marital debts" or "marital liabilities," like marital assets, are the loans you signed for during the marriage - things like mortgages, trainee loans, prestige cards. With a few exceptions, all things you get or borrow is "marital" from the time you said "I do," until you sign a Marital village trade or file the petition for Dissolution of Marriage, whichever comes first.

If asset is titled only in one spouse's name, it may still be marital asset if purchased with marital money. For example, some couples each have a car in individual names. If those cars were bought/leased during the marriage, they are "marital assets." Even some non-marital assets can become marital as discussed below. The forum writer missed this chance in her case.

Action Tips:

Your first step is to list all your marital asset on a chart. Show its current value, what and who you owe for it. Make a column to show who is on the title or deed and an additional one to show which of you will receive each one in the divorce. This is time sharp but it will give you all the data you need for the Financial Affidavit and your trial or your Marital village Agreement.

When production your chart, if you own real property, have prestige card debt or other recorded loans, have any joint property, you need to list all your asset (include all the owners) and all your debts with some identifying data for them. With concerns over identity theft, show only the last 4 digits of your loan and inventory numbers in the Financial Affidavit or Marital village Agreement. For the real property, give the address and the complete legal record from your deed on a sheet labeled with your name and case number, if you have one already.

Non-Marital Means It's Mine, Right?

Well, maybe. Non-marital assets and liabilities belong only to one of you and aren't divided in the Equitable Distribution process. There are five categories of non-marital assets/liabilities under Florida law:

Assets or liabilities you had before the marriage. Inheritances and other gifts, even during the marriage. Any wage received from non-marital gifts unless you relied on or used that wage as a marital asset. Assets defined as non-marital in a written trade (pre nuptial or post nuptial agreement) A liability obtained by forgery of one spouse's name by the other spouse. The forging spouse is responsible for that liability.
In deciding Equitable Distribution, a court will only consider "marital" assets and liabilities. Non-marital assets come into play primarily with alimony determinations.

Be careful. "Non-marital" can become "marital." When you have non-marital assets/liabilities but mix them with marital assets, by depositing your heritage check into a joint marital inventory for example, you may have "co-mingled" these assets so that they aren't considered non-marital anymore. The forum writer changed her non-marital relinquishment inventory into a marital asset when she used it in the family business.

Another non-marital/marital question can arise when you have used your non-marital asset to create money during the marriage. For example, you owned a house with a mortgage before you got married. While married, you used you paycheck to pay the taxes and some of the mortgage. When you rented the house after your marriage, you deposited the rent payments into a joint marital account. There is a special method for giving you prestige for your original investment. This area can be a minefield and you will want some professional guidance if the two of you can't conclude on a fair way to divide co-mingled property.

It is potential to describe yourself in a Florida divorce. To be sure that the marital asset and debt are divided fairly, you need to know what asset is "marital" and what its value is. production a chart of all your asset will help you in the Florida disunion process and will make calculating the equitable distribution or asset department easier.

Florida separation Law - property branch