In general, property obtained prior to marriage is considered a non-marital asset and remains the sole property of the owner spouse after divorce. This applies even if the property was the parties’ marital residence during the marriage. Additionally, property purchased during the marriage through a spouse’s use of non-marital assets is also generally considered a non-marital asset and remains the sole property of the owner spouse after divorce. The only way for this property to become marital is to establish that it was either gifted or given in some way to the other spouse. Placing both spouses’ names on a property’s title creates a presumption that the property is marital and subject to equitable distribution in a divorce. In the 1991 Florida case, Robertson v. Roberston, the husband claimed that the parties’ marital residence purchased during the marriage was his non-marital asset because he had bought the property with funds he had acquired prior to the marriage. The court determined that the property was marital because it had been titled in both spouses’ names and that the husband could not establish that a gift to the wife was not intended. Our firm is here to answer your questions regarding marital and non-marital assets and to help guide you to the best possible financial outcome in your divorce. Please call our office to set a no cost consultation to discuss your options.
