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#771179 - 12/17/15 04:53 PM Fair distribution from house
tampadan Offline

recently joined

Registered: 12/17/15
Posts: 1
Does anybody know if there is a guide out there that we can use to determine how much of the house each of us might be entitled to in a divorce factoring in the length of our marriage and financial contributions?

Thanks in advance.
Dan

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#771180 - 12/17/15 10:38 PM Re: Fair distribution from house [Re: tampadan]
TJMH Online   content

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Registered: 07/17/15
Posts: 339
If the house was the marital home (probably even if it was owned by one of you prior to marriage) and you have been paying the mortgage out of income earned during the marriage, it's probably community property and you're each basically entitled to half the value and half the mortgage. It doesn't matter who's on the deed or the loan.

But Florida is an equitable distribution state so you might be able to make a case for a different split especially if one of you put a significant amount of separate money (prior to marriage, after separation, inheritance, etc) into it. I don't think there's any formula for that, it's just whatever you can convince a judge is fair.

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