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Greetings!
This newsletter will inform you and your friends of
current family law issues that may have an effect in
your life. If you have any questions, please call me
directly at (954) 346-6464 so that I can personally
respond to your concerns.
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| Enhancement value of assets and whether it is deemed marital or non-marital. |
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Florida law says if you have a non-marital asset,
such as a house, that increases in value because of
labor or contributions, the increase in value from the
labor or contributions will be considered a marital
asset. For example, let’s say you own a home before
you marry and it was worth $250,000, and your
mortgage balance was $175,000. After you marry,
you add a bedroom, pave the driveway and build a
fence. The mortgage balance is now $150,000 which
was paid from your wages earned during the
marriage. A real estate appraisal determines that the
additional bedroom, the new paved driveway and
fence have appreciated the home’s value to
$300,000. Thereafter you divorce. Even though you
owned the home before you got married, the marital
assets include the $25,000 equity from the reduction
of the mortgage balance from $175,000 down to
$150,000, plus the $50,000 due to the increase in
the value of the home from the improvements of the
bedroom, driveway and fence. That means that
$75,000 is marital property subject to division.
On the other hand, if the increase in your
pre-marital home is solely due to market conditions
then the increase in the value of the home remains
non-marital property. The difficulty becomes in
determining exactly the increased value due to labor
or contributions versus increased because of market
conditions.
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