In awarding a division of property and assets in a Florida divorce proceeding, all real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. The party claiming otherwise has the burden to prove the property is a nonmarital asset.
In McKee v. Mick, the Florida Court of Appeal stated that: “The former wife received two burial plots during the marriage as gifts from her aunt, and added the former husband to the deed for one of the plots.
She testified she did so believing the parties’ marriage would last. The trial court incorrectly deemed the burial plot nonmarital property belonging to the former wife. For purposes of equitable distribution, marital assets include “[i]nterspousal gifts during the marriage.” §61.075(6)(a)1.c., Fla. Stat. (2011). The former wife’s testimony establishes the burial plot as an interspousal gift. Furthermore, “[a]ll real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset.” § 61.075(6)(a)2., Fla. Stat. (2011). See Beal Bank, SSB v. Almand & Assoc. 780 So. 2d 45, 54 (Fla. 2001) (“In the case of ownership of real property by husband and wife, the ownership in the name of both spouses vests title in them as tenants by the entireties.”). The party claiming otherwise has the burden to prove the property is a nonmarital asset. Id. The former wife put on no evidence in this regard, except to say she now does not want the former husband to have the plot. Cf. Marsh v. Marsh, 419 So. 2d 629, 630 (Fla. 1982) (holding trial court correctly classified home that belonged to former wife before the marriage as marital property, where former wife added former husband to deed, but testified she only did so to provide a home for her children from prior marriage should anything happen to her).”
To speak with a divorce attorney on the Treasure Coast of Florida, contact Matthew Lane & Associates, P.A. at (561) 328-1111