Whose Name It’s In Doesn’t Matter In Divorce

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many of my clients have a misconceptions about whose property is whose when it comes to divorce in Palm Beach County.    For example, a Mercedes Benz was purchased during the marriage with funds from a joint bank account.  The car is titled in the husband’s name only.  Whose car is it in the division of marital assets?  Barring any prenuptial or post nuptial agreement that says otherwise, it is viewed by the court as marital property.  Just because the title is in the husband’s name only, does not mean it belongs solely to the husband.  Ultimately it might go to him in the equitable distribution scheme of the divorce, but it is not necessarily his just because of the title designation.

Another example is the marital home.   Suppose one of the spouses owned the home prior to the marriage, let’s say it’s the wife.  Once the marriage takes place, she refuses to put the home into joint names.    When they get divorced years later, the husband still has an equitable interest in the home from the day of the wedding until the date of the divorce filing even though his name is not on the deed.    For other examples of title interests in divorce law in the state of Florida, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.


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