I’m going through a divorce in Florida, and I have some questions about property. I bought an apartment before the marriage, and it’s solely in my name. Right now, my spouse is living there with our minor child, while I’ve moved out. They haven’t contributed anything financially to the property—no mortgage, taxes, or improvements. Do they have any rights to it? Can I keep the property solely for myself and ask for repossession?
If the apartment was yours before the marriage and you didn’t add your spouse to the deed, it’s likely considered non-marital property. You should be able to keep it.
Natasha said:
If the apartment was yours before the marriage and you didn’t add your spouse to the deed, it’s likely considered non-marital property. You should be able to keep it.
That’s what I was hoping. Would I need to file anything specific to get them to move out?
Natasha said:
If the apartment was yours before the marriage and you didn’t add your spouse to the deed, it’s likely considered non-marital property. You should be able to keep it.
Yeah, you’d file a Motion for Exclusive Possession of the Marital Home. It’s separate but can be done at the same court.
Did your spouse do anything to improve the property? Like renovations or upgrades?
Nori said:
Did your spouse do anything to improve the property? Like renovations or upgrades?
Nope, I paid for everything, and they didn’t make any improvements.
Nori said:
Did your spouse do anything to improve the property? Like renovations or upgrades?
Then yeah, sounds like you should be able to keep it. The law seems pretty clear on this.
When you file the Motion for Exclusive Possession, how long does it take to go through?
Eliza said:
When you file the Motion for Exclusive Possession, how long does it take to go through?
It depends on the court’s schedule, but it’s usually processed alongside the divorce case. You’d want to file it ASAP.
Eliza said:
When you file the Motion for Exclusive Possession, how long does it take to go through?
Good to know, thanks. I’ll get on it.
Wait, what’s a Motion for Exclusive Possession? Never heard of it.
Cass said:
Wait, what’s a Motion for Exclusive Possession? Never heard of it.
It’s basically a request to have the court order your ex to leave the property while the divorce is ongoing.
Cass said:
Wait, what’s a Motion for Exclusive Possession? Never heard of it.
Ah, got it. Makes sense. Thanks for explaining!
Florida law seems pretty favorable in your situation. Just make sure you get a good lawyer to handle the filings.
Solis said:
Florida law seems pretty favorable in your situation. Just make sure you get a good lawyer to handle the filings.
Definitely, I’m planning to. Appreciate the advice!