Scott Stadler, P.A. Newsletter
Protecting your Rights in Divorce & Family Law Cases August 2005


Enhancement value of assets and whether it is deemed marital or non-marital.


 




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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.


  • Enhancement value of assets and whether it is deemed marital or non-marital.
  • scott

    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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