Can my future husband claim part of this condo in a divorce? 4 Answers as of February 17, 2017

I am getting married. I own a condo but I am still making payments and owe less than half.

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The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Yes, he could. I suggest that you consider a pre-nuptial agreement to define and clarify what will happen in the vent of a divorce.
Answer Applies to: Florida
Replied: 2/17/2017
Carey and Leisure | John Smitten
He can make a claim for the enhancement in value of the condo, yes.
Answer Applies to: Florida
Replied: 2/16/2017
Ronald L. Bornstein, P.A. | Ronald L. Bornstein
Generally, even though the condo was your separate property prior to marriage, if you make mortgage payments with income you earn during the marriage, like from employment, that income is marital and the condo, though still an essentially non-marital asset, will acquire a marital component, the value of which will be determined at the time of divorce in accordance with a case call Kaa. There are things you can do before getting marriage to try and protect your pre-marital assets, such as entering into a prenuptial agreement. Consult with an attorney to discuss the specifics of your situation and your options.
Answer Applies to: Florida
Replied: 2/16/2017
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
The answer to your question is yes. Payments made on the mortgage after marriage are a marital investment. So, the interest that the spouse accumulates is one half of the mortgage reduction after the marriage.
Answer Applies to: Florida
Replied: 2/15/2017
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