Can a spouse take half the equity of a house in a divorce settlement?

My friend is getting divorced. She has a house that is paid for and is worth a substantial amount of money. It was given to her by her parents who had lived there for 30 years.





Her (soon to be ex) husband wants half the value of the house. Under community property laws, is he entitled to half the value?





It was acquired while they were married. We live in Florida.Can a spouse take half the equity of a house in a divorce settlement?
i am no lawyer, but spent much time researching things for my own divorce.





she could get screwed on this if she got the property while they were married.





florida marital/nomarital property laws:





What is defined as marital or non-marital.


';Marital assets and liabilities'; include:





1. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them;





2. The enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both;





3. Interspousal gifts during the marriage;





4. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans and programs; and





5. All real property held by the parties as tenants by the entireties, which acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim for a special equity.








';Non-marital assets and liabilities'; include:





1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.





2. Assets acquired separately by either party by interspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets.





3. All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; and





4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred for such assets and liabilities.











there could be a way around this is she has some sibling that could contest the will of her parents, that way it may hold the property up in court, then the ex might give up because of the lengthy wait.





from what i learned, what was aquired during the marriage is joint, and therefore can be split.





has her and her husband lived in this house? if he hasn't lived there then that might be an out for her.





with a property worth a sum of money, i would DEFINTELY recommend she get a lawyer. always get a lawyer, the judges and lawyers speak their own language.Can a spouse take half the equity of a house in a divorce settlement?
It depends. Things such as property can come into a marriage and be exempt from community property laws if it's kept separate and does not provide a mutual benefit to both. Once it's comingled it can be open game. Her divorce attorney will have the answer.
He is entitled to ask for it, it si the judge that determines if he deserves it.





Florida is a community property state and divides the marital assets equitable.





Mediation may resolve things, have her retain an attorney and see how ti goes.
It is possible. In IL it is a 50/50 state. Where the wife is entitled to half the assets without a pre-nuptial agreement.
yes. as long as they were married when they bought the house.
Yes