Division of Assets in One Spouse’s Name
“My spouse bought a lot of real estate since we were married but didn’t put my name on the title to any of it. My spouse says that means I’m not entitled to any of it after the divorce.”
Surprisingly often, the more financially sophisticated spouse will so advise the less financially sophisticated spouse. But this is just plain wrong.
In Florida, assets acquired by either spouse during the marriage are marital property (with a few special categories of exceptions). For purposes of divorce, it is irrelevant whether the assets are put in both spouses’ names or only one spouse’s name.
(If the spouse in title didn’t know this, they would most likely find it out if they tried to sell the property on their own, without a “signoff” from the spouse not named in the title.)
Since property acquired during the marriage is marital despite being put in only one spouse’s name, this property is subject to equitable distribution or division between the spouses in Florida at the time of divorce.
Keep in mind that that doesn’t necessarily mean that the property will be divided evenly. It just means that it will be divided equitably under all of the circumstances.
