Lake City, FL Divorce Law Firms & Lawyers

Because you purchased the house before the marriage and it has remained in your name alone, it fits the definition of non-marital property. Purely passive appreciation due solely to market conditions, would likewise be non-marital. If you made payments on the house with marital money, the increase in equity would be marital. Similarly, if you made improvements to the property with marital money or marital effort and labor, and the improvements caused the property to appreciate, the appreciation would be divisible. Where there is both active and passive appreciation, the Kaaa case controls how the parties share the increased value. Non-marital property is set aside to the party who is entitled to it. Marital property is equitably divided between the parties. The starting point for the division is 50/50. If 1 party wants more than 50%, the burden is on that person to convince the Court why an unequal distribution would be appropriate. Even if a spouse has children from a previous relationship, the Court lacks jurisdiction to award the non-marital home to someone other than the record owner.

The QDRO should have been incorporated in the Final Judgment and Marital Settlement Agreement. The QDRO would outline how and when it is issued. If there is a delay, then an enforcement can be filed by an experienced family lawyer.

Start by going to see a local family attorney. The attorney will sort out your mess and be able to tell you what needs to be done. Many family attorneys offer a free initial consultation.