You and your spouse might own a vacation home, a cabin, or inherited land in a different state. However, what happens to these properties during a divorce is not immediately clear. With this in mind, it is important to question how courts in Florida can handle these properties.
How Florida courts handle out-of-state property
Florida courts can divide marital property, which typically refers to assets and debts acquired during the marriage. To accomplish this, they use equitable distribution. This means the division must be fair, which is not the same as equal, and it also applies to properties in other states.
However, Florida courts cannot directly transfer the ownership of out-of-state real estate. Only the state where the property is located has authority over its title. To work around this issue, Florida courts can order spouses to divide the property in other ways, such as:
- Signing transfer documents or deeds
- Selling the property and splitting the proceeds
- Buying out the other spouse’s share
In practice, the divorce judgment may require a transfer, but you must complete additional steps in the state where you can find the property. This is because those properties are subject to that state’s local laws.
If a spouse refuses to cooperate, the court can enforce its order through contempt. They do this to ensure that both parties receive a fair division of assets.
What you can do to ensure a fair split
To achieve equitable distribution, you will need to provide evidence. Identifying marital property and gathering records like mortgages, taxes, and property values can help the court divide you and your spouse’s assets more fairly.
It also helps to work with an attorney to create clear terms for handling out-of-state property. This can prevent disputes and make the process smoother, helping both parties move forward with greater financial stability.