What Is Title and Why Is It Important Under Florida Law?

by Robin Roshkind, Esquire, West Palm Beach, Florida

During a marriage a couple may make major purchases.  Unless title in given to the husband or the wife in a prenuptial agreement, or a separate writing at the time of purchase, where one person waives their marital rights, then the item purchased is deemed to be a marital asset.  It does not matter whose name is on the asset.

There is a presumption under Florida law that the asset is marital.  An example is: the married couple buy a car with marital funds, and put the title in the wife’s name only.  This does not matter until one of them files for divorce, maybe years later.  Even though the title is in the wife’s name only, if the car was purchased with marital funds, it belongs to both he and she as marital property,  UNLESS there is a writing otherwise.  Upon making major purchases, one party can certainly waive their marital rights to the asset in a post nuptial agreement thereby bestowing title exclusively to the other.

There are many more instances where an asset is in one party’s name, but the asset is marital.  For example, a marital home was owned and titled to the husband.  They get married and the wife moves into “his” house.  Even though her name is not on the deed, the home became marital on the day of the wedding.  In divorce court, she is entitled to one half of any appreciated value from the date of the wedding until the date of filing for divorce.

No one complains about title, until someone files for divorce. So call for more information about how to protect yourself… call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.


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