In my Florida divorce case, can I and should I keep the house?

Generally, all income, assets, and debts obtained during the marriage will be deemed marital property. Property that was individually acquired prior to the marriage will be treated as separate property and not subject to an equitable distribution. However, separate property may be classified as marital property under various circumstances, such as listing both parties as an owner or commingling the separate property with marital assets. Generally, when equal access to the separate property is granted to the spouse it may lose its separate identity and become marital property.

Under the Florida Statute 61.075 “The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.”

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