Articles Posted in Florida Statutes

In a marriage, cars are normally titled in the husband and wife’s names. In Florida, if you cause an accident, then you are responsible for any damages that result. However, if your spouse is on the car, then s/he is also responsible for any damages that result because you are both owners of the vehicle. So, if you get a divorce in Florida and you go through the equitable distribution of assets, meaning that you both take equal shares of your assets, property, etc. and one car goes to you and the other to your (ex)spouse, it does not change the fact that you are responsible if s/he gets in an accident.
If you take one car and your (ex)spouse takes the other, then make certain to get titles switched into your individual names. You would actually need to do a transfer of title and get it registered with the State of Florida. Once that is done, you also want to get the vehicle insurance changed.
Vehicles are not the only property that has title. If you are going through a divorce, you should consult with an experienced family law/divorce attorney. A Florida lawyer can help you understand your rights and how to best move forward with property division including your home, bank accounts, retirement and, of course, vehicles.

Florida divorces are ruled by statute that divides marital property equally. Obviously a home has to either be taken by one party or sold. However, if there is equity in the property, then the decision on who takes the home or if it is sold becomes more difficult because both parties are entitled to 50% of the equity. When going through a divorce where there is a marital home that has equity, some of your options are as follows:

First, selling the home may be the easiest and cleanest way out. If the home can be sold, which today’s market is hard to determine, then the equity would be determined based on the selling price minus closing costs, the remaining amount to be divided equally by the parties.

Second, one party can stay in the home and sell it in a set time to then split the equity. An appraisal should be done at the time of the decision so that an accounting of the present market value and present equity can be determined. A decision must then be made as to who will pay the closing costs and associated taxes. In addition, the person that stays in the home and pays the mortgage, if done without the assistance of the other, should get credit for said payments. So, if the equity would be $10 and one spouse has paid $2 towards the home, then the equity would be $8 to be split equally. There are some other provisions that should be considered including improvements, large repairs, etc.

Dividing your property when going through a Florida divorce can be challenging because there is marital property and nonmarital property and marital property gets divided equally, Florida Statute 61.075(5)(a)(2). Determining what is marital property and nonmartial property has been a challenge, even for the courts. If you buy a home before the marriage, then technically, it is nonmarital. However, the Florida Supreme Court recently came out with an opinion stating that a nonmarital home, that was under a mortgage during the marriage and now has equity, can be a marital asset. The court laid out the following guidelines for determining whether the home’s equity is marital or not, most of which will be determined through the divorce proceeding:

First, the fair market value of the home must be decided. Basically, what is the home worth in today’s market? Both parties will want appraisals done and sometimes can reach an agreement on this figure.

Second, the court has to decide whether here has been passive appreciation. The court has to determine if the home has gained value because of changes to the market. In today’s market that is probably not the case, but it depends on when the home was purchased.

A divorce in Florida can be difficult for both parties. Florida recognizes marital property and debts as jointly owned, regardless which name it is titled in. When couples go through a divorce, the property is to be equitably divided, which can be challenging for the parties because there is uncertainty with where things will go at the end of the process.

What is considered marital? While there are some hiccups in determining this, there are some basic rules to understanding the process. First, marital property is property that was purchased since the date of your marriage. If you were married January 1, 2011 and you purchased a home one January 2, 2011, then that home is marital. Marital assets are the same and include your car(s), boat(s), bank accounts, etc. The court does not care in whose name such things were purchased, simply the date of the purchase. Marital debts are the same and can range from student loans to mortgages.

So, what is nonmarital? Basically, if you purchased something prior to the marriage, it’s yours once the marriage is over. Again, the rule is the date of the marriage and what was purchased, signed for or guaranteed prior to the date of marriage is considered nonmarital.