Is Florida a Community Property State in Distribution of Property

 

is florida a community property state Boca Raton, FLDivorce Lawyers Explain Equitable Distribution and the Role of Residency Requirements

Is Florida a community property state is a question for anyone facing divorce. This post will focus on what Florida Statutes say about the equitable distribution of property and how that plays into the overall cost of divorce in Florida.

Florida Divorce Residency Requirements

Where a party lives is the determining factor in how their marital assets are divided. The two types of distribution schemes are community property and equitable distribution. To file for divorce in Boca Raton, Palm Beach County, one of the parties must reside in Florida for six months and have the intent to remain a resident of the state. Consequently, the burden of proof is on the petitioner to demonstrate this at final hearing.  Either a valid Florida driver’s license or a Florida voter’s registration card is used to corroborate the residency requirement. No id? The testimony or affidavit of a third party other than the husband or wife is also acceptable to meet this burden.

Is Florida a Community Property State? A Historical Perspective

Two distinct marital property frameworks first developed in the United States, but weren’t necessarily based on geography.  The community property system developed primarily from Spanish law. The traditional approach kept things simple. Property was divided between spouses on the basis of title. As a result, courts were unable to divide property titled in the name of one spouse if their residency lay in a community property state.

Flash forward a few decades and a party’s state of residency now determines what distribution scheme governs the division of a marital estate. The trend has moved towards an equitable division of property that splits marital property between spouses, regardless of title. This approach is what most states follow and governs the practice of Florida divorce lawyers.

is florida a community property state Boca Raton, FLRequirements for Division of Property in Divorce in a Community Property State

The foundation of the community property system is the theory that during marriage, the husband and wife are partners. The spouses form an economic center to which the husband and wife each contribute. Therefore, each spouse holds a vested one-half interest in all community property.

Community property generally comprises all property acquired by a marital spouse during marriage. However, each spouse may also own property outside the marriage. As a result, this isn’t subject to division under the laws divorce classification. It’s especially relevant to note that specific categories of property are automatically separate property under state requirements.

Is Florida a Community Property State? The Impact

The supportive role of a homemaker wasn’t taken into consideration in community property states. One reason the equitable distribution of property became popular was to acknowledge these contributions. The court’s power to distribute property has become a method of correcting inequity between the parties when it comes to the cost of divorce in Florida.

Is Florida a Community Property State? The Role of Florida Statutes

If you want to lessen your divorce in Florida cost, the first step is becoming familiar with requirements under state law. When facing a property split, the first question is usually: Is Florida a community property state? If you look at Florida Statutes, you’ll soon find that the answer is no. Florida is an equitable distribution state when it comes to the distribution of marital assets. The goal of Florida is that each party walks away with their fair share of the marital estate following an equitable distribution of property.

is florida a community property state Boca Raton, FLIs Florida a Community Property State? How the Model Functions

In community property states, all property accumulated by a husband and wife during their marriage becomes joint property. Each spouse acquires a one-half interest in what is labeled community property. The fact that only one partner originally acquires the property in his or her name is inconsequential. Consequently, one of the requirements in deciding if a particular asset is community property is the time of acquisition.

Community property is ordinarily anything the parties acquire during the marriage. There is an exception for separate property. This is any item owned by either of them individually. Separate property is that property that each individual brought into the marriage. Additionally, anything that either spouse gets through an inheritance during the marriage also falls under this heading.

Is Florida a Community Property State? The Cost of Divorce in Florida

Congratulations, you’ve survived the equitable distribution of property in your Boca Raton divorce and are grateful the worst is over. You assume you’ll never have to walk into a Florida divorce lawyers office again. The finish line has been crossed despite the damage to your cities bank account thanks to the cost of divorce in Florida. Much to your surprise, both you and your ex are still standing. In spite of the voo doo doll you picked up on Calle Ocho. You’ve got your attorneys divorce papers in one hand and a glass of champagne in the other. The only problem is, your ex’s name is still on the documents for your new bachelor pad. This is where residency requirements become an issue.

Is Florida a Community Property State? The Equitable Distribution of Property and the Cost of Divorce in Florida

If the marital home changes hands pursuant to a Florida divorce, it’s common that the parties are waiting for one spouse to deliver a quitclaim deed. A Florida divorce agreement often provides for the transfer of a home located in Palm Beach County. The problem is that there’s nothing Boca Raton divorce lawyers can do under state law if one party doesn’t comply. The cost of divorce in Florida shouldn’t have to haunt you in the long term just because your Boca Raton lawyers dropped the ball.

Is Florida a Community Property State? The Pitfalls of the Equitable Distribution of Property Transfers through Deeds

If property is exchanging hands and you want to keep down the cost of divorce in Florida, state residency requirements provide two solutions.  A quitclaim deed or a warranty deed. The purpose of a quitclaim deed is for Boca Raton property that isn’t sold formally. Hence, it transfers an interest between two people who are more intimately known to each other.

Florida lawyers use a quitclaim deed to convey whatever interest the Grantor has in the residency. There are no requirements stating that the grantor is the rightful owner and has the right to transfer the property. In contrast, a warranty deed conveys title to a grantee with a guarantee of good clear title to the property. Consequently, free from any interests held by other people. It’s purpose is for residential home sales between unrelated parties. This is because it provides a degree of protection to county purchasers that the Florida quitclaim deed doesn’t offer.

is florida a community property state Boca Raton, FL

How to Keep the Cost of Divorce in Florida Down, No Matter What County You take Residency In

The post marital agreement or divorce decree calling for a transfer of interest in the marital home often doesn’t include a time is of the essence provision. In this case, a Palm Beach county judge will be wary to tell the non-complying party to get moving (no pun intended). As a result, there is little motivation to act. But if you’re the party awaiting compliance, you’ve probably already dug out that old voo doo doll to work some divorce magic.

In conclusion, Florida attorneys should include specific language showing conditions of payment. Time is “of the essence” is found when:

  1. There’s an express recital in the party’s contract.
  2. It can be determined from the subject matter of the contract that time was clearly an essential and vital part of the bargain.
  3. That the treatment of time as non-essential would produce a hardship to the non-defaulting party.
  4. That notice has been given to the defaulting party requiring that the contract be performed within a stated time. This must be reasonable according to the circumstances.

Click  Palm Beach Divorce Lawyers Florida to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.

Boca Raton Divorce Attorney Florida Lawyers Practice Areas Include:

  • Florida Prenuptial Agreement

  • Post Marital Agreement

  • Simplified Dissolution of Marriage

  • Contested Divorce

  • Uncontested Divorce

  • High Net Worth Divorce

  • Annulment

  • Florida Alimony Laws

  • Equitable Distribution In Florida

  • Division Of Marital Property

  • Division of Retirement Benefits

  • Legal Separation Agreement

  • Division of Property

  • Imputing Income

  • Dissipation of Marital Assets

  • Florida Divorce Agreement

  • Modification of Alimony Payments

  • Florida Modification of Child Support

  • Modification Of Child Custody In Florida

  • Florida Child Support Enforcement

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