Detailed Answer
In Florida, marital assets remain jointly owned by spouses until a dissolution of marriage is final. Separation alone does not alter title or trigger a division of property. Instead, property division occurs under Florida Statutes Chapter 61 when one spouse files a petition for dissolution of marriage.
Florida Statute 61.075 governs equitable distribution of marital assets. The court evaluates all marital property as of the date of marriage through the date of filing the dissolution petition—not the date of separation. Equitable distribution may include one spouse retaining specific property or ordering the sale and division of proceeds.
Although non-spouses may file a partition action under Florida Statutes Chapter 64 (see 64.011), courts generally treat married couples as a single legal entity until the divorce is final. Attempting a partition action before or during a pending dissolution can face procedural hurdles and may conflict with the divorce proceedings.
To divide real property owned with your spouse, you must:
- File a petition for dissolution of marriage in the Family Court.
- Disclose all assets and debts according to Fla. Stat. 61.045.
- Participate in mediation or negotiation to reach a settlement on distribution.
- If no agreement is reached, the court will equitably distribute property under Fla. Stat. 61.075.
Helpful Hints
- Understand Equitable Distribution: “Equitable” means fair, not necessarily equal—courts consider factors in Fla. Stat. 61.075(1)(a)–(n).
- Document Everything: Keep detailed records of real estate deeds, mortgage statements, bank accounts, and titled assets.
- Consider Temporary Relief: File for temporary injunctions or support if you fear unauthorized transfers of property.
- Use Mediation: Many Florida counties offer low-cost or free mediation programs to streamline settlement.
- Consult a Family Law Attorney: A lawyer can explain local court procedures, timelines, and possible outcomes.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.