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Is the Real Property Marital Property or Non-marital Property?

In dissolution of marriage cases, there’s often a house in the mix. Is the house that you and your spouse reside in during the marriage marital or non-marital? How will the Court classify the house? To determine that, many factors must be analyzed. For example, how is the real property titled? In dissolution of marriage cases, section 61.075(1), Florida Statutes (2019), requires  the trial court to equitably distribute the parties’ marital assets and to start by determining whether an asset is marital or non-marital. Absent a justification otherwise, the court must begin with the premise that the distribution should be equal. 

Was the asset acquired pre-marriage or during the marriage with one spouse’s funds? If yes, then you need to examine whether the asset itself is marital and/or whether the enhancement in value during the marriage was marital. Is the house titled in that spouse’s name? If the real property is titled in both parties’ names, then there is a presumption that it is marital. That is because adding the other spouse to the deed presumes an intention to gift the property to that spouse. The question is whether there was a donative intent. 

If the spouse did not add the other spouse to the deed, then there still may be a marital component to the house in the enhancement in value of the house. Improvements or expenditures of marital funds to a non-marital asset does not transform the entire asset into a marital asset; rather it is only the enhancement in value and appreciation which becomes a marital asset. 

The enhancement in value and appreciation of the non-marital asset resulting from the efforts of either party during the marriage or from expenditures thereon of marital funds or other forms of marital assets, or both. The enhancement in value of a non-marital asset due to marital labor or effort is a marital asset subject to equitable distribution. 

The passive appreciation of a non-marital asset, such as a marital home, is considered a marital asset where marital funds or the efforts of either party during the marriage contributed to the appreciation. The contribution need not be strictly monetary and may include marital funds or the efforts of either party, they must enhance the value of the property. 

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 

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