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Non-marital property (sometimes called separate property) is property that is not included in the marital estate and is thus not subject to division by the court. Instead, whichever party owns the non-marital asset will keep that asset after the divorce. Non-marital property includes: Assets acquired prior to marriage.
You are generally not responsible for your spouses credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.
Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
A judgment creditor can foreclose a judgment lien in the same manner that a bank forecloses a mortgage lien. The judgment lien does not attach to homestead property or to real property that the debtor owns jointly with a non-debtor spouse as tenants by the entireties.
As experienced divorce attorneys, we know that enforcement of settlement agreements typically requires filing a request with the court so that the spouse who is not in compliance will go before a judge who will order him or her to comply with the terms set forth in the agreement.
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Any debts incurred in both spouses names during the marriage are considered marital debt. These debts are subject to equitable division in a Florida divorce unless one spouse can prove that: they did not benefit from the specific debt; and. it was not used to purchase shared items for the family.
In Florida, property is divided 50-50 if it is considered marital property or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.
Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.
Florida law does not have a universal answer for this, meaning that there is no law that says the Wife, or the Husband has to leave, while the other has to stay. In order for one spouse to force the other out, one of several things can occur.
A Florida marital settlement agreement, also referred to as an MSA, is a contract that sets forth the terms agreed upon by a couple as it relates to their rights and responsibilities after divorce.