If I am the one to move out (without my name on the deed), would I be giving up rights to my share of the home?

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If I am the one to move out (without my name on the deed), would I be giving up rights to my share of the home?

I’m in the process of a divorce/separation. My name is not on the deed to the house but we purchased the home and paid for the home together over the last 13 years.

Asked on December 5, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

 

Having an asset in one spouse’s name alone doesn’t make that asset separate property. The test used by the courts is whether ownership has arisen from the proceeds of the marriage.  Basically, if an asset was purchased during a marriage and paid for out of a spouse’s salary, it’s marital property regardless of whose name it is titled in. If it was owned prior to marriage then on the outset it is considered to be separate property. Many attorneys will tell you not to move but that is a strategy and it is best to speak with some one who can take a look at the whole picture. Seek legal help.  Good luck.

 


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