How do I know if our home is considered marital property?

mens divorce lawyerQuestion:

My sister-in-law is buying my wife a condo. We are in the process of getting a divorce, but we will be living together in the condo and paying some rent to my wife’s sister. My wife has asked me to sign an agreement stating that I understand I have no rights to this condo.

If I sign this agreement, does it put me at a legal disadvantage in terms of rights to the condo? Would my wife have the right to kick me out of the home at any time she wants?

Answer:

Yes, signing an agreement stating you have no rights to the condominium could put you at a disadvantage. It sounds as though the condominium is being acquired by your wife’s sister as a gift to your wife, making the property non-marital. However, if marital funds are used to pay the mortgage, you would have an interest in the condominium.

Regarding your wife’s ability to remove you from the condo, in any divorce proceeding either spouse can request that the court grant them temporary and exclusive possession of the marital residence while the case is pending. If the property is determined to be non-marital, your wife would ultimately be awarded possession.

You should also contact a domestic litigation attorney licensed in your area. Cordell & Cordell has attorneys licensed and located nationwide who would be happy to discuss your case with you.

 

Alison K. Morriss is a Staff Attorney in the Tampa, Florida office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Morriss is licensed to practice law in the state of Florida. Ms. Morriss received her Bachelor of Arts in Religious Studies, History and Business Administration from Stetson University. She continued her education and received her Juris Doctor from Stetson University College of Law, and her Master of Business Administration from Stetson University School of Business.

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