Fl Divorce purchased property before marriage...

Posted by: Sally Smith

Fl Divorce purchased property before marriage... - 09/16/17 08:56 PM

I was married to my husband for three years before filing for divorce. A year and a month after I filed, we finally have a date set for mediation. I purchased my home before we were married. His name is not on the mortgage or deed. After we got married, husband paid to have an in ground pool built and now he wants me to sell my house and give him half of what I make from selling. I don't want to sell my house or give him half. He also refuses to move out and does what he can to make my life miserable! What can I expect from this process? I would like this resolved ASAP.
Posted by: matilda

Re: Fl Divorce purchased property before marriage... - 09/16/17 11:53 PM

It would depend upon if the house was paid for completely prior to marriage. Also were marital funds used for taxes and maintenance of the property. He would probably be entitled to a portion of the house based upon the time you were married if he contributed marital funds. At the very least he would be entitled to the return of the money he invested into the property for the pool. He would need to provide documentation that he helped pay the expenses. You would also need evidence to prove the value of the home prior to the marriage and upon legal separation.
Posted by: Sally Smith

Re: Fl Divorce purchased property before marriage... - 09/17/17 04:15 PM

Hi! Thank you for replying! The house is not paid for completely. I bought the house in 2012 for $102,500. In 2015, he paid $40,000 to have the pool built. I spoke with a realtor and the realtor told me that houses similar to mine in my area with a pool, etc. are now selling for 220,000+.
We have a joint account which is used to pay the bills, we split the bills 50/50. If it comes down to paying him back for the pool, then I'm ok with that, but I'd like to avoid selling my house and giving him half. However, if that's what will most likely happen, then I don't see the point in spending more money going to court to be told that I have to give him half.
Posted by: MinnesotaMom

Re: Fl Divorce purchased property before marriage... - 10/05/17 10:01 AM

From the numbers you gave, it's a bit complicated. The house, minus the pool, has gone up in value $78K since you bought it in 2012, but it appears you were married in 2014. You would need to find out what the value was then. You would owe 1/2 the increase in value since 2014 + the pool.

How much do you owe on the home?