Can One Spouse Take Marital Assets Out of the Home Before the Divorce in Florida?

By Heather Frances J.D.

Florida couples contemplating divorce often separate before the divorce is final, and they may want to split their assets at that time. However, before one spouse takes marital assets out of the home, he must be careful that he doesn't take too much or accidentally violate a court order.

Agreements and Inventory

Generally, Florida courts divide marital property as close to evenly as possible. This means that a couple's personal property, such as furniture or appliances, will likely be split evenly in the divorce. Thus, it is usually in each spouse's best interests to make sure he doesn't take more than half of the couple's assets before the court makes its decision regarding property division. Spouses can make an inventory of every asset in their home to create a record of what marital assets existed before they were taken. If spouses agree on how the assets should be split, they should memorialize their agreement in writing so there are no questions later about whether one spouse took something he shouldn't have.

Temporary Orders

Florida courts typically issue temporary standing orders to govern the spouses' conduct once divorce has been filed but before it is final. These standing orders may tell the spouses whether they can sell or otherwise dispose of marital assets. For example, a spouse may be allowed to take an asset for his own personal use but not to sell it.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
Can a Wife Take Assets in a Divorce That Were Owned by the Husband Prior to the Marriage in Ohio?
 

References

Related articles

How to Estimate the Market Value of Assets in a Divorce

Judges and attorneys are predominantly concerned with the value of significant assets when a couple breaks up. You might love the recliner you lounge in while watching television every night, and you might be willing to fight to the death to keep it, but that’s usually an emotional battle. Unless it's a priceless antique, it won't figure into the property distribution equation. Courts value assets such as real estate, automobiles, pension and retirement plans, and valuable collectibles to ensure that you and your spouse each walk away with assets of equal worth.

What Is a Final Judgment of Divorce?

The process of dissolving a marriage can involve multiple hearings and court orders. This can make it difficult to know exactly when you and your spouse are officially divorced. In most states, spouses are still considered married until a judge signs a final judgment of divorce and the court clerk enters it into the court record.

What Happens When Someone Dies & Leaves You With a House in the Middle of a Divorce?

When you file for divorce, you and your spouse can reach an agreement on how you want to divide your assets, or the court might determine the division of assets for you. However, some assets, like a house you inherit during your divorce proceedings, are not typically subject to division in a divorce proceeding.

Get Divorced Online

Related articles

Can She Really Take 1/2 of Everything in a Divorce?

When you divorce, many of your assets must be divided between you and your spouse, but the way these are divided varies ...

How to Move Your Spouse's Possessions in a Divorce

The concept of an amicable divorce is something of an oxymoron -- if you and your spouse got along well, you might not ...

Does a Colorado Court Split Assets at a Final Hearing for Divorce?

Colorado is an equitable distribution state so spouses roll the dice when they’re unable to divorce by agreement and ...

Can One Spouse Kick Another out of the House in a Divorce in Illinois?

Divorce forces spouses to divide their property. They may agree on how to divide smaller assets like furniture and ...

Browse by category
Ready to Begin? GET STARTED