Articles Posted in Marital home

Can I Stay in My Home With My Children After Divorce?
Alan R. Burton Attorney at Law

There is a general rule in Florida that essentially says that a trial court should award the primary residential parent exclusive use and possession of the marital residence after divorce, until the child or children reach majority or are emancipated. As we often discover in life, there are exceptions to every rule, and this holds…

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Do I Have to Pay for My Spouse’s Debts?
Alan R. Burton Attorney at Law

When two people get married, it often makes sense to combine finances. Spouses open joint bank accounts and combine their incomes to help each other pay off debts–both pre-existing debts and new ones acquired during the marriage. In many situations, spouses may depend on one another to be able to cover their monthly bills. This…

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Will Florida Courts Grant a Divorce to an Individual With Dementia?
Alan R. Burton Attorney at Law

87-year-old Martin Zelman of Palm Beach has filed for divorce from his wife of 15 years, though now Florida family courts will have to decide whether or not he truly wants one. Last year, another Florida judge declared Zelman mentally incompetent and appointed his son and daughter as his guardians. With this declaration, Zelman lost…

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Can a Court Force Us to Sell Our Home in a Divorce?
Alan R. Burton Attorney at Law

When most people think of divorcing couples who own homes, they may likely think of the question: who will get the house? This question usually implies that one spouse or the other will remain in the family home, while the other spouse must find a new residence. However, there is another option that many spouses…

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Law Prohibits Divorcing Couples From Having Sex
Alan R. Burton Attorney at Law

Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved. The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst…

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Set Offs and Credits From the Marital Home in Florida
Alan R. Burton Attorney at Law

A person claiming entitlement to any credits or set offs from the marital home must provide for these items in their marital settlement agreement. If there is no agreement, and this issue is to be resolved by the court, the court will consider the factors in Florida Statute 61.077. Among those factors are the following:…

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