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Who keeps the house in a divorce?

By Florida Law Advisers, P.A. |

When a divorce is filed, the court will order an “equitable distribution” of marital assets and liabilities, including the house. Generally, the court will divide the marital assets and liabilities 50/50 between the couple, unless there are factors that would make an equal split inequitable.

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How do I file for divorce in Florida?

By Florida Law Advisers, P.A. |

Florida is a “no fault” state, therefore; you won’t have to provide evidence of adultery or abuse for a divorce. Florida law only requires you to allege the marriage is irretrievably broken.

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Is property I owned prior to marriage divided in a divorce?

By Florida Law Advisers, P.A. |

Generally, property acquired prior to the marriage is not divided in a divorce. However, if the property has been comingled with marital property it may be divided and subject to equitable distribution in the divorce.

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Do I lose homestead rights in a divorce?

By Florida Law Advisers, P.A. |

If the home is registered as homestead additional steps may be necessary to complete the divorce. Property designated as homestead is exempt from levy by creditors and may also benefit from reduced taxes. The purpose of homestead is to promote stability and welfare by allowing homeowners to continue to reside in their homes despite… Read More »

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Who pays the mortgage in a divorce?

By Florida Law Advisers, P.A. |

Normally, if the home is not sold as part of the divorce, one spouse will be required to make the mortgage payments. However, if the spouse fails to pay, both parties may still be liable to the bank. If both parties signed the promissory note, the divorce settlement will not abolish a spouse’s obligation… Read More »

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Are debts divided in a divorce?

By Florida Law Advisers, P.A. |

Yes, debts acquired during the marriage are typically treated as marital property in Florida divorce cases. Therefore, debts will be divided 50/50, unless there are reasons why an equal split would be inequitable (unfair).

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How is property divided in a divorce?

By Florida Law Advisers, P.A. |

Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).

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