In dissolution of marriage proceedings inside the State of Florida, the willpower of which get together receives possession of the marital house is a fancy course of ruled by equitable distribution rules. This doesn’t routinely imply a 50/50 break up; as a substitute, the court docket seeks to divide belongings pretty based mostly on the circumstances of the wedding. For instance, if one partner owned the house previous to the wedding and the opposite partner made no vital contributions to its repairs or mortgage funds, the house could also be thought-about a non-marital asset.
The importance of the marital dwelling in divorce settlements can’t be overstated. It typically represents a considerable portion of the couple’s web value and is intrinsically linked to the household’s stability, notably the place minor youngsters are concerned. Traditionally, courts favored awarding the house to the custodial guardian to attenuate disruption to the kids’s lives. Nevertheless, that is not the only real figuring out issue. Judges now think about a wider vary of parts, together with the monetary wants and assets of every get together, contributions made to the wedding (each financially and in any other case), and potential tax implications.