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Property Division

Recent Posts in Property Division Category

  • Can My Spouse Get My Separate Property in a Divorce?

    Within a marriage, there are generally two kinds of property. Marital property is owned by each spouse collectively. Separate property is owned by just one spouse. Separate property includes any gifts from people outside the marriage. It also includes inheritance or anything you owned before the marriage. Standards may vary from state to state, and there are always exceptions. These three ...
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  • How to Divide Equity in a House After a Divorce

    When it comes to dividing marital assets during a divorce, determining what to do with your house will probably be one of the most difficult decisions you will have to make. Florida is an equitable division state, meaning the court will divide marital assets in a manner it deems fair. Any marital property will be divided equally upon divorce. As your house is not a liquid asset, it can be hard to ...
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  • Who Gets the Pet in a Florida Divorce?

    For many families, a pet is considered another member of the family. Pet owners have a special bond with their pet as they invest time, energy, and love into caring for them. In return, they receive ongoing companionship and love. It is common to question which spouse will get custody of the pet after a divorce – especially if both spouses have a close bond with the animal. In many ways, a pet ...
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  • How Is Debt Divided in Divorce?

    Florida practices equitable distribution of property. It’s important to note that equitable does not necessarily mean equal distribution, and the state considers certain debts marital and others separate. Premarital & Non-Marital Debts Premarital and non-marital debts will not be divided upon divorce. A premarital debt is one a spouse incurs before marriage, the most common being credit card debt. ...
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  • Domestic Violence & Divorce in Florida

    Few things complicate a divorce quite like domestic violence, even more so when there are children involved. As a victim of domestic violence, you deserve to get out as fast as you can, which can be a challenge if you are married to an abuser. The state of Florida condemns violent spouses with criminal charges, which has an inevitable ripple effect in all other court cases. Domestic violence ...
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  • Who Gets the House After a Divorce?

    When a married couple buys a house, they ordinarily have joint ownership over it. As a result, both spouses have an equal and undivided right to live in the home. After a divorce , most couples usually aren’t too keen on continuing the previous living arrangement. However, since both spouses have an equal right to live there, how does a court determine who gets to live in the house after a ...
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  • How to Identify Marital Assets

    It is common knowledge that houses, cars, and dining sets are items that are equally divided during a divorce . However, does your spouse have a right to half of your business, employment benefits, or pension? The answer depends on whether those things qualify as a marital asset. This blog discusses how Florida courts identify marital assets. Equitable Distribution Under the Florida law, the ...
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  • How Are Veterans Benefits Affected by Divorce?

    Florida is considered an equitable distribution state; meaning, courts will presume an equal division of marital assets and liabilities, unless a party demonstrates some justification to deviate from such a division. Are VA Disability Benefits Marital Property? The provisions of the Uniformed Services Former Spouses’ Protection Act(10 U.S.C. §1408) excludes your Veterans Benefits Administration ...
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