What Happens if You Leave the Family Home During a Florida Divorce?
Divorce proceedings, and the time leading up to them, can be very contentious. It is not uncommon for spouses to argue, leaving a lot of tension in the marital home. To make things easier, one spouse may leave the family home before the divorce is final. It is a common misconception that if one spouse leaves the marital home, the courts will view them as ‘abandoning’ the property, and so, they have no right to it. Fortunately, this is not true. Below, one of our Tampa divorce attorneys explains in greater detail what is involved in dividing up a marital home between the spouses.
When is the Marital Home Considered Marital Property?
When two spouses acquire a home together while married, it is considered marital property. Also, it is considered marital property if one of the spouses purchases it during the marriage, regardless of whose name is on the Deed. Or if it was purchased before the marriage but both spouses contributed to mortgage payments, upkeep, or increased its value during the marriage. This means that both spouses have ownership in the home, and therefore, have rights to it.
When is the Marital Home Considered Non-Marital Property?
The marital home would be considered non-marital property if it was owned by one spouse before the marriage and it was never comingled. Which means the non-owner spouse did not make any contribution to it during the marriage, either financially, or to its upkeep or increase of value. Also, any funds used on the home cannot be marital funds.
What happens if move out of the Marital Home During a Divorce?
Even if one spouse, or both spouses, move from the property, they are still both considered legal owners until the property is legally transferred to another person. Due to the fact that the marital home belongs to both spouses, it must also be divided during divorce, like all other marital property.
Florida is an equitable distribution state. See Fla. Stat. § 61.075. This means that marital property, including the home, is not necessarily divided equally but instead, fairly. Property division always has the potential to become complex, but this is particularly true when referring to an asset as large as a family home.
What are Methods for Dividing a Marital Home In a Divorce?
There are many methods used to divide a family home during divorce. One of the most common ways is to sell it and divide the proceeds. Under the equitable distribution laws, the proceeds will be divided as fairly as possible. On the other hand, if there is still debt owed on the home, it will also be fairly divided among the two parties.
When spouses share minor children together, issues of parental responsibility and time-sharing must also be resolved during the divorce process. After a resolution has been obtained, the parent with the majority of parenting time can often stay in the family home with the child.
Keeping the child in the home is thought to be in their best interests, as it provides a sense of security and stability. It is important to determine if the parent staying in the home can afford the cost of taxes, upkeep, and the mortgage, as they will usually have the responsibility of paying these costs.
Finally, a spouse may decide to stay in the home and buy out their spouse’s share of the property. If the couple had a significant amount of other marital property, the spouse who will no longer be in the home may be able to keep it.
Call Our Divorce Attorneys in Tampa Today
You will have many questions when going through a divorce. At All Family Law Group, P.A., our Tampa property division lawyer can answer them so you can make decisions that are right for you. Call us now at 813-672-1900 or contact us online to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your case. Se Habla Espanol.
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