Articles Posted in Marital home

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When two people get married, it often makes sense to combine finances. Spouses open joint bank accounts and combine their incomes to help each other pay off debts–both pre-existing debts and new ones acquired during the marriage. In many situations, spouses may depend on one another to be able to cover their monthly bills. This can all lead to a messy situation if the spouses decide to get divorced.

During a divorce, Florida law requires the fair and equitable division of all jointly-owned property and this law applies to debts, as well. However, dividing up debts can be complex, especially if some debts are owned individually and others jointly. The name on the debt does not always mean that person will be solely responsible for the payments, however, and it is important to discuss debt division with an experienced divorce attorney who understands the relevant law. The following is some brief information regarding the division of certain debts in divorce:

Student Loans

Student loans are often individual debts unless the spouses cosigned on the loans or the loans were acquired during the marriage. In such cases, the loans would be considered marital debt and you may be held responsible for sharing the payment unless you and your spouse can agree otherwise. However, even if you agree that your spouse will be responsible for the loans, your name will likely remain on the loans and any failure to repay could affect your credit. Continue reading →

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87-year-old Martin Zelman of Palm Beach has filed for divorce from his wife of 15 years, though now Florida family courts will have to decide whether or not he truly wants one. Last year, another Florida judge declared Zelman mentally incompetent and appointed his son and daughter as his guardians. With this declaration, Zelman lost the right to make most decisions for himself, however, he retained the right to file legal claims, which allowed him to file a divorce petition. His wife, 80-year-old Lois Zelman, is challenging the validity of the divorce filing as she claims Martin does not, in fact, want to get divorced. She asserts that his three children are behind the divorce and that they have purposefully isolated Martin and fabricated stories that she abused him.

If Lois remains married to Martin until his death, she would retain access to their homes in Palm Beach and New York City, their cars, their club memberships and art, and will receive an estimated $10 million. If the judge grants the divorce, Lois will receive none of Martin’s $50 million dollar estate based on a prenuptial agreement they signed prior to marriage and his children will instead inherit all of his wealth. The judge stated that he will have to determine whether or not each side is simply fighting over money or whether they truly have Martin’s best interests in mind. Each side, of course, claims the case is not about the money.

Divorce Involving an Incapacitated Person in Florida

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When most people think of divorcing couples who own homes, they may likely think of the question: who will get the house? This question usually implies that one spouse or the other will remain in the family home, while the other spouse must find a new residence. However, there is another option that many spouses do not consider—that neither spouse will get the house.

If a couple cannot reach an agreement regarding who may stay in the home, the issue will have to be litigated in court. The court will look for a way to most equitably divide the property in accordance with Florida divorce law. Often, this may require the couple to sell the family home at fair market value, pay off the mortgage, and then divide the net proceeds equitably, if there are any.

Note that equitable distribution of property is not always 50/50 as the court considers many factors when deciding how to fairly divide property. For example, if one spouse had an affair, gambling problem, shopping addiction, or other factor that caused them to waste marital funds, the court may award that spouse significantly less proceeds for the home sale.

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Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved.

The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst of a divorce.


Robert LeClair, a local Massachusetts lawmaker proposed the bill, after going through a bitter divorce himself. The specifics of the bill would be to prohibit the parent in possession of the marital home, from engaging in any type of sexual relationship with a new partner during the parties separation, and prior to the divorce proceedings concluding.

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I know that divorce can be a very scary time in your life. I know that you have many questions to which you do not have answers. I am a very capable and experienced divorce attorney, and I can guide you through the divorce process and give you the answers you will need. I know I can make you feel at ease throughout the divorce process.

The question frequently arises as to whether or not one person or the other person can continue to reside in the marital home after divorce. The answer to that question is resolved by the specific circumstances and facts that are applicable in your particular situation.

If the home was acquired during the marriage, and there are no minor children, then generally one person or the other can buy out the other person’s interest. In that manner, you could become the sole owner of the home.

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A person claiming entitlement to any credits or set offs fom the marital home must provide for these items in their marital settlement agreement.

1387294_rural_yellow_villa.jpgIf there is no agreement, and this issue is to be resolved by the court, the court will consider the factors in Florida Statute 61.077.

Among those factors are the following: