DEALING WITH THE MARITAL HOME WHEN THE DEED IS IN ONE SPOUSE’S NAME ONLY
At Brawer, Hirsch and Associates PA. , a Fort Lauderdale, Broward County, Florida Family law firm we are often have clients who are divorcing and who are faced with the question of how to deal with the fact that the marital home is not in their name. There are many reasons why a house may only be in one spouse name. The reasons may vary but the problem is often the same. In order to address the issue the first thing you have to consider is: When was the house purchased? Houses purchased after a marriage a generally marital property. This is true regardless of whose name appears on the deed. As part of your marital settlement or divorce decree or final judgment of dissolution of marriage the division of the equity in the house has to “equitably divided”. By that same token, the debt attributable to the mortgage on the house, the equity line or any other hypothecation or encumbrance applicable to the property also must be so divided. Even if only one party’s name appears on the mortgage or other debt against the property that debt is a marital debt for divorce or dissolution purposes. Often a spouse will put the other spouses name on the deed to a pre martially owned residence when the house is refinanced or out of love and affection. This sadly is deemed a gift of that interest when the marriage falls apart. But when the pre martially acquired home enhanced during the marriage through extraordinary efforts by the non owner spouse, and when marital funds are used to pay down the mortgage the post marriage enhanced value of the equity becomes a marital asset. As such that increase in value from the date of the marriage is subject to being equitably divided between the parties. In Florida that is presumed to be an equal division but not so in Georgia. There the concept of equitable division is not necessarily synonymous with “equal division” There, as in Alabama, fault is a consideration in equitable division where it is not in Florida. We at Brawer, Hirsch and Associates P.A. have been resolving the equitable distribution of marital home places and the mortgage debt attributable thereto for the past thirty seven (37) years for our divorce, legal separation (GA & AL) or dissolution of marriage clients in Florida, Georgia and Alabama. For more information contact Brawer, Hirsch and Associates P.A. a multi state (FL,GA, AL) law family law firm rated one of the top 50 in FL by SUPERLAWYERS MAGAZINE at 954-522-1922, 706 324-4444, or email us at dh@bhalaws.com. Or visit our web page at www.brawerhirschlaw.com