What are the rules regarding business and properties owned before a marriage?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are the rules regarding business and properties owned before a marriage?

If we were married after the house and/or business was purchased, would I still be entitled to half?

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. If it was owned prior to marriage then on the outset it is considered to be separate property.  Now, certain assets deemed to be separate out the outset can be deemed marital property or quasi-marital property.  That could include co-mingling of funds considered separate to begin with or if one of the spouses does something active to increase the value of property owned prior to marriage: worked in the business to increase its value, etc.  Seek legal help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption