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How Do  You Prove Your Property or Asset Was a Non-marital Asset in an Orlando, Florida Dissolution of Marriage Case?

If you want to show that an asset, liability, or a property is a nonmarital asset or debt, then there are  documents you need  to provide in Mandatory Disclosure to prove that:

1. The bank statement, retirement account statement, brokerage account statement, credit card statement, loan statement, mortgage, or the deed at the date of  the marriage. 

2. The bank statement, retirement account statement, brokerage account statement, credit card statement, loan statement, mortgage, or the deed at the date of  filing of the petition of dissolution of marriage.

You should order the records immediately at the beginning of the case. If you cannot obtain the records because they are old, you still may testify that the asset or debt is nonmarital. However, you will have a much stronger case if you obtain the records to support your contention that the asset, property, or debt is nonmarital. 

The burden to show that the asset, property, or liability  is a nonmarital property of one spouse is on the spouse making the claim that it is nonmarital. Once you show that the deed to property, the title to the account or liability is on your name, you must show that you kept the asset segregated during the marriage. How do you show that? By showing that no nonmarital money was contributed to the account or used to pay the mortgage on the house. If marital monies were used to pay the mortgage on the house, then there are arguments that the other spouse has a marital interest in the house. You should request a non-equal distribution of assets and debts, so you recoup the nonmarital money that went into the house.  

Regarding banks accounts, once you deposit marital funds into bank  accounts,  they usually become marital due to the fact that money is fungible. However, you can hire a forensic accountant who may be able to trace the deposit and show there was not commingling of marital money with nonmarital money; and therefore determine and  prove that the asset is a  nonmarital asset. 

If you produce a brokerage or retirement account at the date of marriage, that will prove that a portion of that account is nonmarital. Again, you can get a forensic accountant to trace the account and show the nonmartial contributions. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Face Book; Ann Marie (Giordano) Gilden on Linked In; and Ann Marie Giordano Gilden on AVVO and Lawyers.com. 

This article is for informational purposes only; and it does not form an attorney client privilege.