All legally married couples that end their relationship have acquired common possessions that need to be distributed equally between the two after separation.
If the person who has died didn’t leave a testament explaining how their assets are divided, then everything will be handed over to the widow or widower.
Since the property is under one person’s name, you have no right over that house, but you could prove that you contributed to the purchase of the property, the monthly payments to the bank and the house’s maintenance, so as to begin a legal battle for equitable division of property in Miami, Florida.
Under Family laws in Florida, every married couple has the right to divide their assets equally. But in your particular case, the judge would make an exception, since it can be proved that your spouse is well financially thanks to your work and efforts when you spent so much time at home taking care of the children; and were unable to advance your career or find a good job to keep you financially stable in case a separation occurs.
The most important thing is the welfare of your children. If you live together with the kids, and the judge ruled that you have permanent custody of the children, then the house could be yours. It’s not advisable to take your children out of their natural environment, and change schools where they already feel comfortable. But you must decide with the Equal Housing Fund of Florida how you can pay your spouse the part of the house that belongs to them.
With the prenuptial agreement, you are not entitled to the assets obtained during the marriage, in case of separation. Therefore, we recommend that if you sign a prenuptial agreement, then you are careful with the possessions acquired that are not legally under your name.
Prenuptial agreements are established by people who need to ensure the preservation of all their assets in the event of a separation.
Yes, of course, if you are legally married, after a separation, you have the right to request the equal division of any real estate that includes everything that you accumulated during that time, including the division of mobile homes.