Quit Claim Deed Recognized in Divorce?

[Alvin]

I owned a house prior to knowing my wife and had significant equity in it. I put her name on the deed for about a year because I thought it would be the right thing to do. Within about a year she overspent and was getting us into financial trouble. I had to refinance the house and she had to sign over the house to me via a Quit Claim Deed or we would have likely lost it. For the next tens years or so the house - and the next one we bought with proceeds from the sale of the first - remained in my name only via a Quit Claim Deed. About 4 years ago I again put her name on the deed because our finances got in better shape - and now she wants a divorce. I think that the asset value of the house would be considered my individual property up to the point that I signed it over to her and that I would be entitled to the asset value as individual property that I exchanged it for. Is that the case? Does Florida recognize Quit Claim Deeds between spouses in this situation? And if so, how would the remaining 4 years of the "house" being a marital asset factor into how it would be split up.

[Attorney Howard Iken]

Florida recognizes claims for "unequal distribution" based on facts such as yours. Unfortunately it is never a slam dunk. Each side will argue for different outcomes. Your spouse will claim the transfers were intended as a gift. You will claim the transfers were done to save your equity - and not as a gift.

Attorney Howard Iken
Divorce Attorney