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Oh, one more thing, even if he or you own property before the marriage, even if it would most likely go back to the original owner as sole heir if there were a divorce, both parties need to sign when any real estate sells.
Yes, everything you gain AFTER BEING MARRIED will be divided when divorced. Everything either of you come into a marriage with typically goes back to the person that brought the things of value into the marriage. A trust created before a marriage and things put into a trust might be treated differently, I would seek legal counsel. The number of divorces we see now has changed a lot of the laws.
Hi Laura - If the property is in Florida then the husband and wife has to sign off on the sale and the deed. One can buy in his or her name but selling it (due to divorce) the other spouse has to sign off on the sale. That is why some divorces take a long time because one spouse does not sign off in sale. However, every situation is different, so you should consult a Divorce attorney. But here is a link that can give you some broader understanding about possible situation. Go to Nolo and type marriage-property-ownership-who-owns-what-29841 for more info.
You should consult with a real estate attorney.
Depends on the State your in. Best advice is to consult a real estate attorney for the most accurate answer based on your scenario. Good luck to you! :)
While your best direction and advice is to consult with an attorney. In general, in the state of Florida, all property is considered to have equitable distribution, which in a sense is equal. If property is purchased during the marriage it does not matter in which name it is titled.
Jeffrey has it correct, but I would speak to a divorce attorney.
Unfortunately, that is a legal question. The good news is, many attorneys offer free consultations and might be willing to answer that question for you free of charge.
As the laws change all the time, it would not be appropriate for me to give you an answer based on past transactions but I can tell you, in the past, that spouses have had rights to properties purchased during a divorce. Again, the laws may have since changed so check with a Florida real estate attorney.
Hope this helps!
You will want to speak to a real estate attorney...in Florida the answer is usually yes...but check it out.