Pretty big change in the law this week
by , 10-03-2010 at 10:04 AM (690 Views)
The Florida Supreme Court just decided a case - which will have far reaching effects on many divorce cases in Florida. Normally, each Appellate District, consisting of 3 - 10 Florida counties looks at certain situations differently, which results in slightly different law in each county. When the Florida Supreme Court decides a certain type of situation the end result is a standard in all of Florida.
In this particular decision, the Florida Supreme Court decided what to do with a very common divorce situation: when a house is purchased before the marriage, and the deed remains in one spouse's name; will the non-owner spouse receive a portion in the divorce.
Now, the answer is YES. The court decided that a non-owner spouse will receive a portion of the appreciation from the date of the marriage to the date of the divorce. The exact portion depends on a specific formula and certain conditions. For now, this is an issue best evaluated by an attorney. But the Supreme Court case is the equivalent of a new law that will change outcomes of cases throughout Florida.











Email Blog Entry
