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Fort Lauderdale Property Division Lawyer

There are several types of property in Florida. The following are some of the forms more frequently inquired about:

  • Separate Property — Separate property is property owned by a spouse prior to the marriage. Property inherited by one spouse or given to that spouse by a third party may also be separate. Sometimes, separate property can become partially or wholly marital if the other spouse makes a personal contribution to an increase in the value of the separate property or if it is comingled with marital property such that the separate property cannot be traced. Also, if separate money is used to purchase a marital asset, the asset may end up being part separate and part marital or all marital. Additionally, passive and active interest and enhancement, as well as pay down in mortgage principal may alter the status of part or all of an asset from non-marital to marital. This is a complicated issue and should be discussed with Ms. Solomon if you have any questions in this area.
  • Marital Property — Marital property is most property acquired during the marriage. Many times, one spouse thinks that because he or she used his or her paycheck or non-marital asset to pay for an item, it is his or hers. This is not the case. Money earned during the marriage is marital money. Generally, though there are some exceptions, debts incurred during the marriage are marital even if they are only in one spouse's name. Retirement accounts accumulated during the marriage are marital, including any additions to retirement accounts existing prior to the marriage, though the pre-marital portion and interest thereon may often be protected as non-marital. Usually, marital property is evenly divided between the parties, depending on the particular facts of the marriage. However, Florida is an equitable distribution state, which means the Court will attempt to do equity, which may require a deviation from a 50/50 division.
  • Part Separate and Part Marital Property — Some property may be part separate and part marital. For example, if one spouse uses separate money (i.e. money from prior to the marriage or inherited during the marriage) to purchase a marital asset, that spouse may have comingled the money and lost any non-marital protection, or a Court may find a separate interest in the marital asset equal to the amount of separate money put into it, to possibly include appreciation. Again, this is a complicated issue that should be discussed with Ms. Solomon.

Contact the law firm of Carol Joyce Solomon, P.A. at 954-255-5333 for a free consultation with an experienced Florida divorce lawyer.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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Attorney Carol Joyce Solomon

Carol Joyce Solomon, P.A.
1515 University Drive
Suite 204 B
Coral Springs, Florida 33071

Phone: 954-255-5333
Fax: 954-255-5310
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