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What is considered marital property in Florida

What is Marital Property in Florida?

December 30, 20234 min read

When it comes to divorce or separation, property division becomes one of the most sensitive and often most confusing aspects. In the state of Florida, specific laws govern this process defining what counts as marital property and what doesn't. 

Marital property consists of all assets acquired during the marriage period, as denied by Florida state law, Section 61.075. These are the assets acquired by either spouse. Whether it’s a home, a car, a business property, a joint bank account, or even certain debts, if any of the partners obtained it while you were legally married, there are strong chances that it falls under this category. 

We’ll explore the essentials of Florida’s marital property laws, explain what qualifies and what doesn't, and how they work in real-life divorce cases. 

You will find this guide very helpful if you’re currently navigating a separation of simply planning it for the future. Understanding these rules will save you from unnecessary stress and ensure a fairer outcome. 

Understanding Marital Property in Florida

Florida distinguishes between marital and non-marital property, exhibiting a unique legal framework. The state follows the golden principle of equitable distribution. The assets and debts are divided on fair grounds, but not on an equal level. 

What is Equitable Distribution?

What is marital property in Florida

In the context fo divorce, the term “equitable distribution” refers to the legal principle of fairly dividing marital property and debts between spouses. It cannot always be a 50/50 split. This division is set based on various factors, ensuring a desired pleasant outcome, after careful consideration of each spouse’s circumstances. 

Marital Laws in Florida: What is Considered Marital Property in Florida

As mentioned earlier, any property or asset purchased during the marriage is considered marital property. It is also crucial to note that the division will not be bound by whose name appears in the title. 

Many people misunderstand this. They believe that putting assets only in their names will ensure they will keep full ownership after divorce. Note that this is usually not the case; all assets acquired during marriage, regardless of ownership title, are considered marital property. 

Although the state promotes this principle as a no-fault approach for both spouses, it also leaves room for disputes over the division of marital property. 

The types of assets include: homes, vehicles, bank accounts, and other forms of property. On the other hand, non-marital assets constitute those which are bought into the marriage or acquired through inheritance of gift. 

Florida Divorce Law: What You Need to Know About Property Division

Florida marital laws

In the vast landscape of Florida divorce law, property division is one of the most significant aspects. Both sides are equally responsible for understanding how things work. It is crucial because although the laws are in place to help, the results depend on how well couples collaborate. 

Clear communication and a willingness to negotiate fairly make the entire process much smoother. Beyond abiding by the law, it's also about respecting one another and working together to tackle a life that has been shared once. 

We should say that divorce does not mean the end of life, but it's the beginning of a new chapter. Every partner deserves a better quality of life after separation and should move on with a positive approach. The success of life's journey ahead depends on how patient, honest, and compassionate these couples are in moving forward.

Why Choose Mosaic? 

In Florida, where the horizon meets the ocean in a seamless blend of possibility, the passage through marital property in Florida is a testament to the resilience of the human spirit. 

As couples navigate the pain and complexities of separation, may they find peace in knowing that, like the Floridian sun, new, happier beginnings are always on the horizon. Working with professionals can also make your process easier. 

We invite you to explore our services at Mosaic SVC. Our commitment to transparency, combined with personalized service, sets us apart in what we do. We are a platform that prioritizes your unique requirements, offering a diverse range of features that enhance efficiency and profitability.

Schedule Your Consultation with Mosaic SVC

Florida divorce laws property

Won’t you want to seize the opportunity to redefine your property management journey? Join us for careful and sincere management of your property. We treat every property as a masterpiece and deliver a client experience that is a blissful work of art. 

Ready to transform your property management game? Schedule a personalized consultation with our experts. Discover the utmost potential of your property portfolio with Mosaic, where excellence meets efficiency.

The Bottom Line 

For the Sunshine State, marital property is more than a legal abstraction. It is a true reflection of shared dreams, aspirations, and mutual challenges. 

The complex process of divorce demands for balance and understanding. Florida laws aim to strike a balance, foster trust, and promote understanding. Additionally, these laws also remind us that despite the differences, even in the dissolution of marriage, there is room for respect and collaboration for all. 


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