Matthew Lane & Associates, P.A.

Division Of Property And Assets in Palm Beach County, Florida

Division of Marital Property and Marital Assets - Marital Settlement Agreements in Florida.

The burden of proof is on the party claiming that part of a marital asset has a nonmarital component. In Konz v. Konz, the Florida Court of Appeal stated...

"The burden of proof was on the husband to establish the value of the nonmarital portion of the marital home, See Jahnke v. Jahnke, 804 So. 2d 513, 517 (Fla. 3d DCA 2001); Smith v. Smith, 971 So.2d 191, 193 (Fla. 1st DCA 2007)(stating that "the spouse trying to show that the marital residence acquired during the marriage is a nonmarital asset" has the burden of proof). The 2001 value of $380,000 was for a house on a lot. The house was tom down, so it was lost in a way that produced no return. There was no evidence to establish the value of the lot alone in 200I, which would have qualified as the nonmarital portion of the value of the marital home. This failure to prove the nonmarital value of the lot distinguishes this case from Oldham v. Oldham, 683 So. 2d 579, 580 (Fla. 4th DCA 1996), where the $225,000 nonmarital value of a lot was established by evidence and then deducted from the proceeds of the sale of the marital home, which were equally divided."

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