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This program is not intended to replace professional legal advice or representation if you have a legal concern you are strongly encouraged to seek the advice of an attorney HIIT×39’m unique auto attorney at law in South Florida with the Auto Mall group thanks for joining us for this episode of now you know the law you×39’ve been married 15years established a life together and now citing irreconcilable differencesyou'’re going your separate way these days you just have not been able to agree on much and especially not who is an ingoing to get what in the divorce she maintained she wants half the value of the home you purchased one year after marriage, but you insist that she is not entitled because it×39’s your money others that purchased it after all you are the sole income earner for the entire marriage and up fronted the deposit and all the mortgage payments for the home she hasn't×39’t worked since the birth of your first child one year after you got married here's what you need to know during a divorce Florida courts determine who is going to get what base don a system known as equitable distribution usually this means that all things being equal all things will redivide equally pun intended the first thing the court will do is to look tall the assets and liabilities that the couple has then it has to determine which property is considered marital and which are non-marital this is important because none marital or separate property items are not subject to equitable distribution during a divorce marital property includes pretty much anything acquired by either party during the course of the marriage including both assets and liabilities it doesn't×39;matter if the property or deck is titled jointly or is only in one spouse name for example if your spouse opens credit card account and your name is not on it, you are still jointly responsible for the charges on the card with very limited exception seven if your spouse did all the spending likewise if you buy a car or a piece of land and only record your name on the title under Florida family laws those would still be considered marital property and would still be subject to equitable distribution during a divorce in many divorce cases there is combination of marital and non-marital assets involved some properties may even have a component of both for example the increase in value of separate property during the marriage is also marital property if it resulted from the contribution of marital funds or the active efforts of either party so if the wife owned a home before marriage but during the marriage the couple did some repairs let×39’s say they fix up the kitchen or the bathroom and that caused an increase in the property value that increase in value is considered marital property and is subject to equitable distribution so in the example restarted out with wife feel we know because the home was bought during the course of the marriage she is indeed entitled to an equitable distribution...
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