Equitable Distribution Frequently Asked Questions

8 FAQs where found , 8 in this page

Who are the ideal candidates to establish a division of tangible property?

All legally married couples that end their relationship have acquired common possessions that need to be distributed equally between the two after separation. Learn More

If one spouse dies, what happens to the assets of the family?

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. Learn More

I live with my partner for more than ten years, and we never got married. But a year ago we bought a house, which is under my partner’s name. What happens to this property in the future? Are we going to face any problems if we get separated?

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. Learn More

During my marriage, I spent most of the time alone in the house taking care of the children while my husband had the opportunity to excel professionally and get a good job. What happens with the distribution of marital assets in case we split up?

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. Learn More

Will I stay with the house if I have permanent custody of our children?

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. Learn More

What happens if I sign a prenup before marriage?

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. Learn More

Who are the ideal candidates to establish a prenuptial agreement?

Prenuptial agreements are established by people who need to ensure the preservation of all their assets in the event of a separation. Learn More

If I get separated, will I have equal housing opportunity?

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. Learn More