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I jointly own a house with my husband, but I'm not on the mortgage or loan. My husband is pressuring me to sign over my half, claiming it will prevent debt if we sell the house in court. We aren't taking any legal steps toward separation yet, but selling the house could provide me... View More 
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answered on Jun 18, 2025
There is so much to consider before signing your share of the house to your Husband. If the house was purchased during the time of the marriage, then the house is marital property. If mortgage payments or other improvements were made to the home with marital funds, then the house is considered... View More
I jointly own a house with my husband, but I'm not on the mortgage or loan. My husband is pressuring me to sign over my half, claiming it will prevent debt if we sell the house in court. We aren't taking any legal steps toward separation yet, but selling the house could provide me... View More
answered on Jun 18, 2025
Before signing over your share of the house, it's important to understand the full legal and financial impact. Even if you’re not on the mortgage, being listed on the deed means you have a legal ownership interest—and in Florida, you likely also have a marital interest in the property,... View More
I inherited a house and sold it, using the proceeds to jointly purchase a new house with my ex-girlfriend. Due to a court-imposed restraining order, I am legally barred from the house we co-own. Both our names are on the deed. I have documentation proving that the funds I contributed to the... View More
answered on Jun 18, 2025
If you co-own a home in Florida with your ex-girlfriend and contributed funds from the sale of an inherited property, you have several legal options to recover your investment—despite being barred from the property due to a restraining order.
Because your name is on the deed, you are... View More
I inherited a house and sold it, using the proceeds to jointly purchase a new house with my ex-girlfriend. Due to a court-imposed restraining order, I am legally barred from the house we co-own. Both our names are on the deed. I have documentation proving that the funds I contributed to the... View More
answered on Jun 18, 2025
You have two distinct but connected issues here: (1) recovering your investment in the co-owned home despite the restraining order, and (2) potential IRS tax consequences related to the sale of the inherited property.
1. Recovering Your Investment in the Co-Owned Home (Florida)
Even... View More
I need to renew my children's passports (ages 7 and 13) while residing in Miami, Florida. I was never married to their father, who lives abroad and rarely contacts us. There has been no court order for custody, and I want to request sole custody to facilitate passport applications. What legal... View More
answered on Jun 17, 2025
You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More
I'm dating someone and recently introduced her to my children after informing my ex-wife of my intentions. Now, my ex-wife is demanding personal information about my girlfriend, calling her names, and threatening to take legal action regarding custody if I don't comply. Our custody... View More
answered on Jun 17, 2025
In Florida, introducing a new romantic partner to children under a 50/50 custody arrangement is not prohibited unless there is evidence that the partner’s presence is harmful or not in the children’s best interests. Courts require a substantial and material change in circumstances to modify a... View More
My wife and I are in the beginning stages of adopting my nephew's son. However, we are getting a divorce, and there are no custody arrangements in place. If the divorce is finalized before the adoption is completed, would my wife, who is on the adoption papers but has no biological relation to... View More
answered on Jun 17, 2025
Your wife's ability to seek custody depends largely on the timing and status of the adoption.
If the adoption is finalized before your divorce, then both you and your wife will be legal parents of the child—regardless of biological connection. In that case, the family court would... View More
I am the working mother of a baby and have a home and a safe place for my child to stay while I work. The father is unemployed, refuses to work, and has no stable place to live. We often argue because he does not take care of the child, and he is threatening to take the baby away to live with his... View More
answered on Jun 17, 2025
Under Florida law, if the parents are unmarried and paternity has not been established, the mother is considered the natural guardian of the child and is entitled to primary residential care and custody unless a court rules otherwise. The father would not be able to legally take the child from you... View More
I have 50/50 custody of my children with their father. The judge initially said one year with him and one year with me, but now they claim every year is with him. They say I can only have the children on Thanksgiving and Christmas, but I live with them and feel I'm missing out on special... View More
answered on Jun 15, 2025
You have to return to court to enforce the current timesharing as defined in the court order. Neither parent can arbitrarily change the schedule. Speak with a local family lawyer for more specific advice.
My husband, a commercial over-the-road truck driver, hasn't paid taxes in 10 years and is a 1099 employee. He's received multiple documents from the IRS, but he hasn't made any attempt to resolve the issues. He was paying a substantial amount of child support until last year and paid... View More
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answered on Jun 15, 2025
Your husband could face arrest and criminal prosecution for not paying taxes for 10 years as a 1099 employee if the IRS determines his failure was willful and egregious. However, if he voluntarily files his returns and works with the IRS to resolve his liabilities before being notified of a... View More
I am currently separated from my spouse, a permanent resident of the United States, and my residency application is in progress. I have a driver's license, work permit, Social Security number, and travel permit. I plan to return to Argentina early next month.
I haven't filed for... View More
answered on Jun 12, 2025
You’ve raised several important issues, and I’ll address them in parts:
1. Returning to Argentina and Immigration Status:
If your spouse withdraws the petition supporting your U.S. residency while you are outside the country, it could jeopardize your pending adjustment of... View More
I was found in contempt of court in a child support case due to my inability to provide evidence of my inability to work at the time of the hearing. Since then, I have obtained medical records indicating a diagnosis of traumatic brain injury (TBI), neuropathy, progressive neuropathy, mental... View More
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answered on Jun 9, 2025
Motion to Vacate Contempt Order.
Base it on newly discovered evidence. However, your best bet is to apply for and receive Social Security disability benefits. If the government grants your SSDI application, they will provide half of your benefits to your children, which is likely more than... View More
I'm going through a divorce and have been married for two and a half years in Florida. My name is not on the deed to the house, which my spouse owned before our marriage. We have two kids, and I have contributed to the maintenance and improvement of the house during the marriage. There is no... View More
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answered on Jun 8, 2025
If, during the marriage, you helped pay for the mortgage, property taxes, repairs, renovations, or general upkeep—whether through direct payments or contributions of marital income—then the increase in the home’s value caused by those efforts may be considered marital. That portion is known... View More
I am currently separating from my husband. He purchased my car, but both the title and registration are solely in my name, and it is registered to my home address, where he does not reside. There were no written agreements regarding the car, and it is fully paid off. There are no legal proceedings... View More
answered on Jun 6, 2025
Legally the car belongs to both of you as marital property. Neither one of you has a superior legal right. However, since the car is in your name and you drive it there is no reason that he should take the car. It sounds like you should speak with a local family lawyer in person if this is a real... View More
I am currently separating from my husband. He purchased my car, but both the title and registration are solely in my name, and it is registered to my home address, where he does not reside. There were no written agreements regarding the car, and it is fully paid off. There are no legal proceedings... View More
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answered on Jun 7, 2025
As the vehicle was purchased during the marriage, it may be considered a marital asset subject to equitable distribution in the event of a divorce. That said, your husband does not have the legal right to unilaterally take or repossess the car, especially since there are no court orders or pending... View More
I got a divorce in 1999, and my ex-husband purchased a home in 1997 while we were still married. He recently passed away, and before his passing, he remarried. Do I have any rights to that property, considering the circumstances?
answered on Jun 5, 2025
The division of your home should have been addressed in your divorce decree. Assuming that he retained sole title to the house after your divorce, you would not be entitled to it. However, you can always take your divorce decree and any other documents to an attorney in your town for a second, and... View More
I co-parent with my child's paternal grandmother instead of his father, who hasn't worked for over a year despite having several skills. I'm the primary caregiver according to child support documents, but there is no legal custody agreement, and he's ordered to pay $0 in child... View More
answered on Jun 4, 2025
You do have options under Florida law to pursue legal custody, establish parental responsibility, and protect yourself and your child even with a past felony or the father’s veteran status. Although you're currently co-parenting informally with the child’s paternal grandmother and the... View More
I am seeking assistance with dissolving a same-sex marriage that took place in Florida in 2016. Both my spouse and I are Singaporean citizens, and we are currently residing in Singapore and have mutually agreed to the dissolution. There are no children or property to be divided. We aim to dissolve... View More
answered on Jun 4, 2025
Under Florida Statutes, at least one of you must reside in Florida for at least six months before filing for divorce in a Florida court. If one of you can return and reside in Florida for at least six months, you may then file for an uncontested divorce. If you are in mutual agreement, have no... View More
I'm currently going through a divorce in Florida, and my name is not on the property deed, although we lived in the home during our marriage. My spouse has already filed for divorce. How does my name not being on the deed impact my rights to the property in the divorce settlement?
answered on Jun 4, 2025
In Florida, not being on the deed doesn't automatically disqualify you from claiming an interest in the property. Courts focus on when and how the property was acquired, not just whose name is on the title. Property acquired during marriage using either spouse's income or efforts is... View More
I'm currently going through a divorce in Florida, and my name is not on the property deed, although we lived in the home during our marriage. My spouse has already filed for divorce. How does my name not being on the deed impact my rights to the property in the divorce settlement?
answered on Jun 4, 2025
If the property was purchased before the marriage, and improvements and or mortgage payments were made using marital funds, you would have a marital interest in the home which would need to be calculated. If the home was purchased during the marriage with marital funds, you could also have an... View More
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