Posted by Nydia Streets of Streets Law in Florida Divorce

If a spouse moves out of the marital home before a petition for divorce is filed in Florida, does that spouse abandon his or her interest in the home? The short answer is no, but depending on how much time passes between the time the spouse moved out and the date a divorce petition is filed, plus that spouse’s contributions to the home after moving out, the other spouse may be entitled to more equity in the home than the spouse who moved out. This was an issue in the case Silva v. Claffey, 4D2024-0269 (Fla. 4th DCA February 5, 2025).

The parties purchased a home in 2000. In 2015, they separated and the former wife moved out of the house. The trial court found that despite the former wife’s absence, she contributed to refurbishing the property and refinancing it. The trial court therefore held it was just and equitable to value the property as of the date of the trial rather than the separation date argued by the former husband. The former husband appealed, arguing the former wife’s refinancing and contributions to refurbishment of the home were before separation, and that by using the trial date to value the home, the court was ignoring the former husband’s sole contributions to the home after separation.

The appellate court agreed with the former husband and reversed, holding “The record in this case establishes that the continued ownership of the marital residence after the parties’ separation was solely attributable to Husband’s efforts and contributions. The unrebutted evidence established that Wife did not help pay for any of the mortgage payments after the separation nor did she help pay for any repairs, taxes, or property insurance related to the marital home. Further, no evidence established that Wife participated in any home improvements, refinancing or refurbishment after the parties separated. Although Wife testified that she had paid for other expenses during the separation, such as the family’s health insurance, these payments did not constitute financial contributions to the marital home.”

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