[FL] What are my legal and financial rights in a separation if my spouse and I weren't married?
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Thanks for your patience! Here's your answer:
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House Not in Your Name:
In Florida, because you were never married, you don’t automatically have rights to property solely in his name, even if you paid bills or expenses. You’d need to prove a legal ownership interest, like a written agreement, or sue under “unjust enrichment” (Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., Inc.). -
Parents’ House (In Your Name):
If you’re on the deed, you're a legal owner of that property. That gives you real leverage. He can’t exclude you from financial claims involving that home. -
The Boat:
You paid a significant amount, but the title is in his name. You can sue for reimbursement (unjust enrichment) or argue there was a joint ownership agreement. Proof of payments helps. -
Child Custody & Support:
If you both agree to 50/50 custody, that’s great. But child support may still apply depending on incomes, overnights, and expenses. 50/50 time doesn’t automatically cancel out support (Florida Statute § 61.13).
Even without “marital property,” you can:
- Sue for reimbursement for house/boat contributions.
- Assert ownership of the parents' house.
- File for child support if there’s a financial imbalance.
- Try to negotiate a settlement to avoid court.
Does that help clarify things?
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I’m unmarried in Florida with two children. Separated. The house isn’t in my name, but the electricity bill is, and I’ve covered other expenses. We’ve been living together since 2019. Am I entitled to anything?
Are you looking to understand your rights regarding the house and expenses in Florida as an unmarried individual with children?
Yes.
Are you and your partner currently seeking a separation or divorce, or just exploring your options?
I just moved out.
Got it. Is there anything else the lawyer should know before I connect you?
His parents' home is under my name.
Hello! Legal Eagle here, an attorney specializing in your area of law. Happy to help! How long have you been living in Florida?
Since 1998.
Thanks! A couple more questions: What outcome are you hoping for with the living situation and the kids?
We’ve lived together, unmarried, since 2018. We bought a house in 2019, then again in 2023. All properties are in his name, except his parents’ home, which I refinanced, and I’m on the deed.
Understood.
I’m fine with 50/50 custody. I moved out because he won’t hand over one of the properties.
So you want to know your rights, correct? Thanks again for using AskaLawyer!
Correct. We also bought a boat. I paid over $50,000, with proof of monthly payments. It’s in his name, and he’s keeping it.
Got it. Anything else I should know?
No.
Great. I’ll draft a thorough answer and be back shortly.
Okay.
Thanks for your patience! Here's your answer:
-
House Not in Your Name:
In Florida, because you were never married, you don’t automatically have rights to property solely in his name, even if you paid bills or expenses. You’d need to prove a legal ownership interest, like a written agreement, or sue under “unjust enrichment” (Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., Inc.). -
Parents’ House (In Your Name):
If you’re on the deed, you're a legal owner of that property. That gives you real leverage. He can’t exclude you from financial claims involving that home. -
The Boat:
You paid a significant amount, but the title is in his name. You can sue for reimbursement (unjust enrichment) or argue there was a joint ownership agreement. Proof of payments helps. -
Child Custody & Support:
If you both agree to 50/50 custody, that’s great. But child support may still apply depending on incomes, overnights, and expenses. 50/50 time doesn’t automatically cancel out support (Florida Statute § 61.13).
Even without “marital property,” you can:
- Sue for reimbursement for house/boat contributions.
- Assert ownership of the parents' house.
- File for child support if there’s a financial imbalance.
- Try to negotiate a settlement to avoid court.
Does that help clarify things?
Yes.
Let me know if you have more questions or need help moving forward. Happy to assist anytime!
