Divorce questions answered by a Tampa Divorce Lawyer
Tampa Divorce and Property in a Divorce
A recent ruling in the Second district court of appeals shows what happens when one party (namely the husband in this case) tries to pay off the mortgage on the family home. Paying off a debt may sound admirable, but in a divorce, it could be a sign that one party is trying to gain an advantage in divorce proceedings. This ruling by the 2nd DCA is also an object lesson in what this court will allow as a remedy for correcting the misdeeds of the husband or the wife. Even though the trial court found that the husband’s actions created an inequitable distribution of assets, the appeals court did not agree with its answer.
The Second District court of appeals has jurisdiction over divorce and family law cases in Hillsborough County. In other words, this case is particularly relevant to anyone who is engaged in a divorce currently or is considering the process of a Tampa divorce.
Divorce questions for a Tampa Divorce Lawyer
Understandably, many clients who undergo a divorce want to protect their own property rights. Problems arise, however, when the husband or the wife fail to ask a qualified divorce attorney how to handle that property. In most divorces which reach a courtroom, the equitable distribution of assets will be an major issue. Reviewing the case of TILCHIN v. TILCHIN shows how vital understanding this issue can be. This case also offers some insight into the court’s reasoning behind what it considers fair in a divorce.
Divison of porperty & what’s fair?
An equitable distribution of property (distribution of assets) means just that. During an uncontested divorce, a husband and wife will divide up their assets fairly. If they don’t, the court will do it for them. Many times this means property like a home. As this ruling shows, any big financial transactions by either party during a divorce should send up red flags. Even something that may seem benign, could spell trouble.
Divorce laws in Florida
Regarding the marital home, the Court finds that the Husband paid off the balance of the mortgage in order to relieve himself of the potential obligation to pay $4,000.00 each month toward the Wife’s need for alimony. This was inequitable, and certainly supports unequal distribution of the asset.
Even though both courts found that the husband intended to create an unfair advantage for himself by paying the balance of the mortgage, the appeals court didn’t agree with the trial court’s remedy:
The Court initially thought this might be a cause for “lump sum alimony,” however in order to avoid any tax burden upon the Wife (or further inequitable benefit to the Husband) the Court instead awards the home to the Wife with no offset to the Husband. In short, there will be no equalizing payment. Additionally, because of the Husband’s unilateral decision to pay this bill, he also is going to be assigned the $350,000.00 liability (again with no offset). The trial court abused its discretion in granting to the Wife a grossly disparate percentage of the marital assets simply because the Husband paid off the mortgage on the parties’ primary marital home during the pendency of the case. Based on this record, we recognize that the distribution of the marital home was a critical element of the equitable distribution plan and the alimony award, and that error arising from this distribution cannot be corrected in isolation. Accordingly, we reverse the equitable distribution plan and we remand for further proceedings.
How to divorce in Tampa without regrets
The ruling shows that anyone in Tampa who is considering a divorce or is in the process of a divorce should avoid any major changes to his or her financial assets or property . Speak with a qualified Tampa divorce attorney before you make any rash decisions. Surely Mr. Tilchin, the husband, regrets his decisions. We are ready to answer your questions and advise you about a divorce in Tampa: 228-7095.
Contributor:
William Hanlon
101 E.Kennedy Blvd Suite 1485
Tampa Florida
Hillsborough
33602
Tel: (813) 228.7095
(24hrs) Tel: (813) 334.3910
