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  1. #1
    Join Date
    Sep 2016
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    Default Will A Court Treat a Marital Home as Separate Property

    If one spouse owns the marital home before the parties marry, and all improvements are made to the home before marriage, what happens when they divorce? Does the spouse who isn't on the title have any claim to the home? This is in Florida.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Will A Court Treat the Marital Home as Separate Property

    The answer is going to depend upon factors including the duration of the marriage, and how much the couple paid down the home with marital assets between the time of marriage and divorce. "[T]he passive appreciation of a nonmarital asset, such as [a] marital home, is properly considered a marital asset where marital funds or the efforts of either party contributed to the appreciation." Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010).

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