Family Law (Divorce, Family Relations)/Land-contract in a Divorce

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Question
My wife and I have decided to divorce.  The Home is on a land contract that I is through myself and the seller only.  All utilities and gas are also in my name only.  However I was asked to move out until summer while the kids finish school. Then i could move out and she would relocate her and the kids. Now she is saying she wants the house.  Is she entitled to it through a marital asset?  She has 3 children, two from a previous marriage and one together.

Answer
Hi Brent, I am a little confused by the statement "The Home is on a land contract that I is through myself and the seller only". Nevertheless, if the home was purchased during the marriage it would generally be considered a marital asset subject to equitable distribution. Equitable distribution begins with the premise that each party should receive 1/2 of the assets and debts from the marriage.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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Family Law (Divorce, Family Relations)

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Dan Bachert

Expertise

I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.

Experience

Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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