Ask a Miami family lawyer: Presumption of marital assets

Dividing assets and liabilities during a divorce can be a time-consuming and often contentious process, which is why it is essential to enlist a Miami family lawyer to assist you with this task. This professional can ensure you fulfill your legal obligations and will advocate on your behalf before the court.

In recent posts, we’ve reviewed how Florida state law distinguishes between marital and nonmarital assets and liabilities, and the time allotted to make this distinction. For further clarification on this process, consult your Miami divorce attorney.

However, what happens if there is a dispute over these assets – or if a party simply fails to list them as nonmarital?

With regard to this issue, Florida statute 61.075 reads as follows:

“All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities […] The presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title.”

Should a dispute arise over the title of particular assets, the matter will be resolved by a court ruling.

If you are unclear whether certain assets or liabilities are considered marital or nonmarital, or believe that your former spouse is misrepresenting these holdings, contact a Miami family lawyer to argue on your behalf before the court.

Scott A. Ferris, Esq. is an experienced Miami divorce attorney who is on hand to address your concerns around the clock. Contact him today at 305-670-3330 to review your case.