Should the Court have categorized the property as marital property?
According to Fla. Stat. Ann. § 61.075 (West), No matter when it was acquired—before the
marriage or after—all real estate owned by the parties as tenants by the entireties shall be
deemed to be marital property, regardless of who paid for it. The burden of proving a claim for a
particular equity is on the party making the claim if, in any event, a party asserts a claim to the
alternative. Contrarily, non-conjugal property is often believed to refer to items like real estate,
books, stocks, furniture, retirement money, vehicles, and other private property. Marital property
can be characterized as anything obtained during a marriage, with the exception of gifts, estates,
devises, and written agreements, and is subject to equitable partition, as defined by
Family Law
for the Paralegal
. In accordance with 26 C.F.R. 25.2515-1, unless there is evidence to the
contrary, each spouse is deemed to have received the profits of termination equivalent to the
amount of their enforceable property rights if the property proceeds are kept in joint names or
with one spouse serving as a caretaker or trustee. Yes, after reading the facts from the statutes
and our book, I believe the court should categorize the rental property as marital property.
Sources:
Fla. Stat. Ann. § 61.075 (West)
Wilson, M. E. (2017).
Family Law for the Paralegal
. Upper Saddle River, NJ: Pearson Prentice
Hall.
26 C.F.R. § 25.2515-1
