Adding name to a mortgage/home ownership

[pbgirl 1]

I purchased our house before my husband was in the US and could have his name on the mortgage papers and other paperwork.

What exactly am I supposed to do to change the deed of the house so that both our names are on it? (Plus I changed to my married name and want to change my name on it in general anyway). I called the mortgage company and they told me something about a quit claim deed.

Has anyone done this? What were the exact steps you went through? Is this through my county?

TIA

[bettenan 1]

I purchased our house before my husband was in the US and could have his name on the mortgage papers and other paperwork.

What exactly am I supposed to do to change the deed of the house so that both our names are on it? (Plus I changed to my married name and want to change my name on it in general anyway). I called the mortgage company and they told me something about a quit claim deed.

Has anyone done this? What were the exact steps you went through? Is this through my county?

TIA

Wiki does a good job of explaining it....http://en.wikipedia.org/wiki/Quit_claim_deed

It varies from State to State and even County to County but often a Title Company or Real Estate Attorney can prepare/file it for you.

Bette

[NavarreMan 10]

I purchased our house before my husband was in the US and could have his name on the mortgage papers and other paperwork.

What exactly am I supposed to do to change the deed of the house so that both our names are on it? (Plus I changed to my married name and want to change my name on it in general anyway). I called the mortgage company and they told me something about a quit claim deed.

Has anyone done this? What were the exact steps you went through? Is this through my county?

TIA

Check with your county clerk of courts. They should have a "Quit Claim Deed" form or sample. If not, here is one from Illinois Quit Claim Deed

It is a very simple thing to do and should not require the assistance of a closing company or lawyer. But if you feel the need, by all means seek the advice of any source you see fit. To add a name to the mortgage will probably require re-financing. This is fairly extreme and may not be necessary. I will give one piece of personal advice from experience. Before you add a name to the deed and not to the mortgage, be very sure this thing is going to last. My ex-wife was on the deed but not the mortgage and it took an act of congress to get her to agree to lower the price of our marital house to sell it while I was on the line for the mortgage, taxes and insurance. cost me an additional $17,860 in costs as well as lossing over $50,000 on the price of the home as the market tanked. There is nothing like a woman scorned!

Lots of folks do not believe in pre-nupts and I can certainly understand their feelings about them, after all, its forever right? Just a word of caution...

[AllisonB 0]

Check with the laws of your state. Your spouse may have gained half of the interest in your home just by virtue of marriage to you. This applies to more than half of the states in the U.S. You may not need to bother with the quit claim deed at all, and you may not prepare a quit claim deed just to change your name. A quit claim is for distributing interest between parties. You own your home, no matter what your last name. When you sell your home, the deed will probably show you with a FKA( Linda Johns, formerly known as Linda Smith)

The other poster was right about adding your spouse to the loan. This requires refinancing altogether.

[pbgirl 1]

Thanks for all the advice. So don't worry about my maiden name/married name bit? Good.

And as for the mortgage/ownership, I was thinking to use it for the "proof of marriage" when the removing of conditions starts. I notice a lot of people on here adding their husbands/wives and wondered how to go about it. Reading this advice, it sounds like I don't really need to, and I think I'll use other items as proof.

[AllisonB 0]

NavarreMan, don't knock yourself for putting her on the deed. Because you live in Florida, nothing would have been different. As long as you were married to her, she had to agree to sign away her interests by way of deed, too. For instance, I bought my home alone two years ago. The moment I got married and my husband moved in, though, half of my home became his and my hands are tied with selling or refinancing unless he agrees to it. That is called Constitutional Homestead and gets lots of people in the wallet. When I perform closings for single people, I drill this tidbit in, because it hardly ever comes up until a nasty divorce.

Allison (title agent)

[NavarreMan 10]

Not crying over spilt milk...

Just preparing others for what can become a rediculously nasty situation.

Florida Statutes 61.075 Equitable distribution of marital assets and liabilities.-- does however disagree with what you have stated regarding community property.

A search of the statutes for "Constitutional Homestead" results in only one hit (222.01 Designation of homestead by owner before levy.-- ) and describes the issue of constitutional homestead as a taxing issue and not one of marital status.

Can you site the statute showing that community property laws apply to real property that is not a marital asset? This would be good info for me but will likely not help the OP.

[archie07 0]

Bill, look under florida divorce laws pertaining to real property. It makes no difference whose name is on the deed, once your married it is joint property. Happy New Year

[AllisonB 0]

navarre, I'm sure you meant "cite", but no, I do not have the citation handy as it is a well known provision here in Florida with regards to real estate law..

Here is a quick blurb to sum it up.

"While tenants by entireties has been abolished in England, it survives under the common law of many jurisdictions in the United States, including Florida, where it is well established in a long line of Florida case law decisions.

Both tenants must join in any transfer or alienation of TE property, and one spouse cannot transfer his interest in TE property without the joinder of the other spouse. "

You may read more by searching joinder of spouse or Florida Homestead Law. You were on the right idea with the taxing info, that is a provision of the Florida Constitutional Homestead, as is the protection of assets from creditors, and the joinder of spouse.

You are reading about distribution of assets which has nothing to do with real estate. We are talking about conveyance of real property, in the case of a divorce. This is only an example, we are not talking about the divorce laws.

[NavarreMan 10]

navarre, I'm sure you meant "cite", but no, I do not have the citation handy as it is a well known provision here in Florida with regards to real estate law..

Here is a quick blurb to sum it up.

"While tenants by entireties has been abolished in England, it survives under the common law of many jurisdictions in the United States, including Florida, where it is well established in a long line of Florida case law decisions.

Both tenants must join in any transfer or alienation of TE property, and one spouse cannot transfer his interest in TE property without the joinder of the other spouse. "

You may read more by searching joinder of spouse or Florida Homestead Law. You were on the right idea with the taxing info, that is a provision of the Florida Constitutional Homestead, as is the protection of assets from creditors, and the joinder of spouse.

You are reading about distribution of assets which has nothing to do with real estate. We are talking about conveyance of real property, in the case of a divorce. This is only an example, we are not talking about the divorce laws.

Yup! Spoda be "cite", oops!

Perhaps I am not quite understanding this law the way it is written but my take is that unless the spouse in some way contributes to the non-marital property, the non-marital property remains the property of whoever the owner was prior to the marriage, and even this judgment is up to the Court. Community Property is not automatically established by marriage. I am not a lawyer nor did I stay in a Holiday Inn last night. This is very important information and if you are a lawyer please clarify this so that I, as well as others, might understand it. Don't misunderstand me, I am asking for advice and guidance on this.

2007 Florida Statutes

Title VI - CIVIL PRACTICE AND PROCEDURE

Chapter 61 - DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY

61.075 Equitable distribution of marital assets and liabilities.--

(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse's nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors...

(7) All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities. Such presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities. The presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title. Title to disputed assets shall vest only by the judgment of a court. This section does not require the joinder of spouses in the conveyance, transfer, or hypothecation of a spouse's individual property; affect the laws of descent and distribution; or establish community property in this state.

[Jasman0717 9]

I purchased our house before my husband was in the US and could have his name on the mortgage papers and other paperwork.

What exactly am I supposed to do to change the deed of the house so that both our names are on it? (Plus I changed to my married name and want to change my name on it in general anyway). I called the mortgage company and they told me something about a quit claim deed.

Has anyone done this? What were the exact steps you went through? Is this through my county?

TIA

Wiki does a good job of explaining it....http://en.wikipedia.org/wiki/Quit_claim_deed

It varies from State to State and even County to County but often a Title Company or Real Estate Attorney can prepare/file it for you.

Bette

Relatively painless process

[archie07 0]

Who Keeps the Marital Home? The goal of equitable distribution is to liquidate and distribute all assets at the time the Final Judgment is entered. If you own a home that was acquired during the marriage and/or with marital funds, any equity therein must be distributed in the divorce.

From my understanding of these statutes the home would have had to be acquired prior to the marraige to be exempt ? if I'm understanding your post correctly it appears final discretion is up to the court? I'm confused on this one also. Another scenario, if you sell your non marital home, buy

another home with the proceeds, I believe that would become marital property?

I apologize for going off topic here.

[NavarreMan 10]

Who Keeps the Marital Home? The goal of equitable distribution is to liquidate and distribute all assets at the time the Final Judgment is entered. If you own a home that was acquired during the marriage and/or with marital funds, any equity therein must be distributed in the divorce.

From my understanding of these statutes the home would have had to be acquired prior to the marraige to be exempt ? if I'm understanding your post correctly it appears final discretion is up to the court? I'm confused on this one also. Another scenario, if you sell your non marital home, buy

another home with the proceeds, I believe that would become marital property?

I apologize for going off topic here.

That's my take on it also. Just looking for expert opinion on the matter. I would think that the home would have to be owned outright else any payments made toward to mortgage after the marriage would thereby make it a marital asset. Rather confusing.

[archie07 0]

The 2002 Florida Statutes

CHAPTER 61

DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY

PART I

GENERAL PROVISIONS (ss. 61.001-61.45)

PART II

UNIFORM CHILD CUSTODY JURISDICTION

AND ENFORCEMENT ACT (ss. 61.501-61.542)

PART I

GENERAL PROVISIONS

61.001 Purpose of chapter.

61.011 Dissolution in chancery.

61.021 Residence requirements.

61.031 Dissolution of marriage to be a vinculo.

61.043 Commencement of a proceeding for dissolution of marriage or for alimony and child support; dissolution questionnaire.

61.044 Certain existing defenses abolished.

61.046 Definitions.

61.052 Dissolution of marriage.

61.061 Proceedings against nonresidents.

61.071 Alimony pendente lite; suit money.

61.075 Equitable distribution of marital assets and liabilities.

61.076 Distribution of retirement plans upon dissolution of marriage.

61.077 Determination of entitlement to setoffs or credits upon sale of marital home.

61.08 Alimony.

61.09 Alimony and child support unconnected with dissolution.

61.10 Adjudication of obligation to support spouse or minor child unconnected with dissolution; child custody, child's primary residence, and visitation.

61.11 Writs.

61.12 Attachment or garnishment of amounts due for alimony or child support.

61.121 Rotating custody.

61.13 Custody and support of children; visitation rights; power of court in making orders.

61.1301 Income deduction orders.

61.13015 Petition for suspension or denial of professional licenses and certificates.

61.13016 Suspension of driver's licenses and motor vehicle registrations.

61.1354 Sharing of information between consumer reporting agencies and the IV-D agency.

61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.

61.16 Attorney's fees, suit money, and costs.

61.17 Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.

61.18 Alimony and child support; default in undertaking of bond posted to ensure payment.

61.181 Depository for alimony transactions, support, maintenance, and support payments; fees.

61.1811 Clerk of the Court Child Support Enforcement Collection System Trust Fund.

61.1812 Child Support Incentive Trust Fund.

61.1814 Child Support Enforcement Application and Program Revenue Trust Fund.

61.1816 Child Support Clearing Trust Fund.

61.1824 State Disbursement Unit.

61.1825 State Case Registry.

61.1826 Procurement of services for State Disbursement Unit and the non-Title IV-D component of the State Case Registry; contracts and cooperative agreements; penalties; withholding payment.

61.1827 Identifying information concerning applicants for and recipients of child support services.

61.183 Mediation of certain contested issues.

61.19 Entry of judgment of dissolution of marriage, delay period.

61.191 Application.

61.20 Social investigation and recommendations when child custody is in issue.

61.21 Parenting course authorized; fees; required attendance authorized; contempt.

61.30 Child support guidelines; retroactive child support.

61.401 Appointment of guardian ad litem.

61.402 Qualifications of guardians ad litem.

61.403 Guardians ad litem; powers and authority.

61.404 Guardians ad litem; confidentiality.

61.405 Guardians ad litem; immunity.

61.45 Court order of visitation or custody; risk of violation; bond.

61.001 Purpose of chapter.--

(1) This chapter shall be liberally construed and applied.

(2) Its purposes are:

(a) To preserve the integrity of marriage and to safeguard meaningful family relationships;

(B) To promote the amicable settlement of disputes that arise between parties to a marriage; and

© To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.

History.--s. 1, ch. 71-241; s. 111, ch. 86-220.

61.011 Dissolution in chancery.--Proceedings under this chapter are in chancery.

History.--s. 1, Oct. 31, 1828; RS 1477; GS 1925; RGS 3188; CGL 4980; s. 2, ch. 29737, 1955; s. 16, ch. 67-254; s. 2, ch. 71-241.

Note.--Former s. 65.01.

61.021 Residence requirements.--To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.

History.--s. 1, ch. 522, 1853; RS 1478; s. 1, ch. 4726, 1899; GS 1926; RGS 3189; CGL 4981; s. 1, ch. 16009, 1933; s. 1, ch. 16975, 1935; s. 1, ch. 57-44; s. 1, ch. 57-1974; s. 16, ch. 67-254; s. 3, ch. 71-241; s. 112, ch. 86-220.

Note.--Former s. 65.02.

61.031 Dissolution of marriage to be a vinculo.--No dissolution of marriage is from bed and board, but is from bonds of matrimony.

History.--s. 3, Feb. 14, 1835; RS 1479; GS 1927; RGS 3190; CGL 4982; s. 16, ch. 67-254; s. 4, ch. 71-241.

Note.--Former s. 65.03.

61.043 Commencement of a proceeding for dissolution of marriage or for alimony and child support; dissolution questionnaire.--

(1) A proceeding for dissolution of marriage or a proceeding under s. 61.09 shall be commenced by filing in the circuit court a petition entitled "In re the marriage of _____, husband, and _____, wife." A copy of the petition together with a copy of a summons shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.

(2) Upon filing for dissolution of marriage, the petitioner must complete and file with the clerk of the circuit court an unsigned anonymous informational questionnaire. For purposes of anonymity, completed questionnaires must be kept in a separate file for later distribution by the clerk to researchers from the Florida State University Center for Marriage and Family. These questionnaires must be made available to researchers from the Florida State University Center for Marriage and Family at their request. The actual questionnaire shall be formulated by researchers from Florida State University who shall distribute them to the clerk of the circuit court in each county.

History.--s. 5, ch. 71-241; s. 11, ch. 98-403.

61.044 Certain existing defenses abolished.--The defenses to divorce and legal separation of condonation, collusion, recrimination, and laches are abolished.

History.--s. 6, ch. 71-241.

61.046 Definitions.--As used in this chapter:

(1) "Business day" means any day other than a Saturday, Sunday, or legal holiday.

(2) "Clerk of Court Child Support Collection System" or "CLERC System" means the automated system established pursuant to s. 61.181(2)(B)1., integrating all clerks of court and depositories and through which payment data and State Case Registry data is transmitted to the department's automated child support enforcement system.

(3) "Custodial parent" or "primary residential parent" means the parent with whom the child maintains his or her primary residence.

(4) "Department" means the Department of Revenue.

(5) "Depository" means the central governmental depository established pursuant to s. 61.181, created by special act of the Legislature or other entity established before June 1, 1985, to perform depository functions and to receive, record, report, disburse, monitor, and otherwise handle alimony and child support payments not otherwise required to be processed by the State Disbursement Unit.

(6) "Federal Case Registry of Child Support Orders" means the automated registry of support order abstracts and other information established and maintained by the United States Department of Health and Human Services as provided by 42 U.S.C. s. 653(h).

(7) "Income" means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker's compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. United States Department of Veterans Affairs disability benefits and unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support.

(8) "IV-D" means services provided pursuant to Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.

(9) "Local officer" means an elected or appointed constitutional or charter government official including, but not limited to, the state attorney and clerk of the circuit court.

(10) "National medical support notice" means the notice required under 42 U.S.C. s. 666(a)(19).

(11) "Noncustodial parent" means the parent with whom the child does not maintain his or her primary residence.

(12) "Obligee" means the person to whom payments are made pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support.

(13) "Obligor" means a person responsible for making payments pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support.

(14) "Payor" means an employer or former employer or any other person or agency providing or administering income to the obligor.

(15) "Shared parental responsibility" means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.

(16) "Sole parental responsibility" means a court-ordered relationship in which one parent makes decisions regarding the minor child.

(17) "State Case Registry" means the automated registry maintained by the Title IV-D agency, containing records of each Title IV-D case and of each support order established or modified in the state on or after October 1, 1998. Such records shall consist of data elements as required by the United States Secretary of Health and Human Services.

(18) "State Disbursement Unit" means the unit established and operated by the Title IV-D agency to provide one central address for collection and disbursement of child support payments made in cases enforced by the department pursuant to Title IV-D of the Social Security Act and in cases not being enforced by the department in which the support order was initially issued in this state on or after January 1, 1994, and in which the obligor's child support obligation is being paid through income deduction order.

(19) "Support order" means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction for the support and maintenance of a child which provides for monetary support, health care, arrearages, or past support. When the child support obligation is being enforced by the Department of Revenue, the term "support order" also means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction for the support and maintenance of a child and the spouse or former spouse of the obligor with whom the child is living which provides for monetary support, health care, arrearages, or past support.

(20) "Support," unless otherwise specified, means:

(a) Child support and, when the child support obligation is being enforced by the Department of Revenue, spousal support or alimony for the spouse or former spouse of the obligor with whom the child is living.

(B) Child support only in cases not being enforced by the Department of Revenue.

History.--s. 113, ch. 86-220; s. 1, ch. 92-138; s. 1, ch. 93-188; s. 59, ch. 93-268; s. 8, ch. 94-124; s. 1363, ch. 95-147; s. 3, ch. 96-183; s. 1, ch. 97-170; s. 41, ch. 98-397; s. 2, ch. 2001-158; s. 1, ch. 2002-173.

61.052 Dissolution of marriage.--

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a) The marriage is irretrievably broken.

(B) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida driver's license, a Florida voter's registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken.

(B) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; or

3. Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage. If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) During any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the primary residence, custody, rotating custody, visitation, support, maintenance, and education of the minor child of the marriage; attorney's fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 741 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

History.--s. 7, ch. 71-241; s. 26, ch. 73-333; s. 38, ch. 81-259; s. 1, ch. 86-150; s. 114, ch. 86-220; s. 1, ch. 89-61; s. 107, ch. 89-96; s. 1, ch. 91-246; s. 2, ch. 93-188; s. 4, ch. 96-183; s. 1, ch. 96-392; s. 2, ch. 97-170; s. 3, ch. 97-242; s. 12, ch. 98-403; s. 1, ch. 99-375.

61.061 Proceedings against nonresidents.--Proceedings may be brought against persons residing out of the state.

History.--s. 1, Feb. 4, 1833; RS 1482; GS 1930; RGS 3193; CGL 4985; s. 2, ch. 29737, 1955; s. 16, ch. 67-254; s. 8, ch. 71-241.

Note.--Former s. 65.06.

61.071 Alimony pendente lite; suit money.--In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor. If a party in any proceeding for dissolution of marriage claims alimony or suit money in his or her answer or by motion, and the answer or motion is well founded, the court shall allow a reasonable sum therefor.

History.--ss. 1, 2, ch. 3581, 1885; RS 1483; GS 1931; RGS 3194; CGL 4986; s. 2, ch. 29737, 1955; s. 16, ch. 67-254; s. 9, ch. 71-241; s. 319, ch. 95-147.

Note.--Former s. 65.07.

61.075 Equitable distribution of marital assets and liabilities.--

(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse's nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(B) The economic circumstances of the parties.

© The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor's estate to the obligee or the obligee's estate, unless otherwise agreed to by the parties.

(3) In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:

(a) Clear identification of nonmarital assets and ownership interests;

(B) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;

© Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;

(d) Any other findings necessary to advise the parties or the reviewing court of the trial court's rationale for the distribution of marital assets and allocation of liabilities.

(4) The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer, release, or acquisition which is recorded in the county where the property is located when the judgment, or a certified copy of the judgment, is recorded in the official records of the county in which the property is located.

(5) As used in this section:

(a) "Marital assets and liabilities" include:

1. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them;

2. The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both;

3. Interspousal gifts during the marriage;

4. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs; and

5. All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim for a special equity.

(B) "Nonmarital assets and liabilities" include:

1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;

2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;

3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;

Very confusing

[archie07 0]

Who Keeps the Marital Home? The goal of equitable distribution is to liquidate and distribute all assets at the time the Final Judgment is entered. If you own a home that was acquired during the marriage and/or with marital funds, any equity therein must be distributed in the divorce.

From my understanding of these statutes the home would have had to be acquired prior to the marraige to be exempt ? if I'm understanding your post correctly it appears final discretion is up to the court? I'm confused on this one also. Another scenario, if you sell your non marital home, buy

another home with the proceeds, I believe that would become marital property?

I apologize for going off topic here.

That's my take on it also. Just looking for expert opinion on the matter. I would think that the home would have to be owned outright else any payments made toward to mortgage after the marriage would thereby make it a marital asset. Rather confusing.

I didn't mean to copy the whole page. Good gosh.