St. Petersburg, FL – One of the most challenging aspects of a divorce is the loss of property. Each spouse may be able to keep their personal property if it is not property of the marriage, but many important items are often subject to the court’s jurisdiction. This creates a situation where there is the potential for both people to lose certain items that they invested time and money into during the marriage. Because of this potential for losses, preparation for a divorce with an experienced lawyer is recommended to avoid issues during the property division stage.
Marital property and non-marital property
All property is considered either marital or nonmarital during a divorce proceeding in Florida. Property that one spouse owned before the marriage will be considered non-marital and not subject to division. Only marital items may be divided by the family courts.
Issues with homes and other real property
In terms of real property, the spouse who owned a home or other properties before their marriage will generally be allowed to keep them. Any properties or debts associated with their ownership that were obtained during the marriage will be divided. This means that only one spouse may get to remain, or the couple can be forced to sell and split any profits remaining after the sale. If both spouses invested in things like renovations and upgrades during the course of the marriage, then the spouse that owns the property may have to compensate the other for their contribution.
Remaining in the home
Even if a home was purchased after the couple was married, it is rare that the courts will attempt to force one person out. There usually needs to be some kind of serious problem such as domestic violence for this to happen. If there are extreme circumstances that justify kicking one spouse out, the other partner may receive an order that allows them to change the locks and do other things to exclude the person.
There are also circumstances where a couple that has children can continue to share ownership of a home or property until their children reach adulthood. This legal term for this situation is joint ownership. The specifics of joint ownership and conditions of sale are usually listed in some kind of contract between the spouses. This document should obviously be reviewed with an attorney before it is finalized.
Advice from family law attorneys in Florida
There are experienced lawyers who deal with various family law issues in the St. Petersburg area. The Law Offices of Yeazell and Sweet provide guidance throughout the course of divorces, child custody hearings, and related matters.
Firm contact info:
1901 Ulmerton Road, Suite 435, Clearwater, FL 33762