Tag Archive for: division of assets

How Do You Divide Equity in a Home During a Divorce?

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Dividing home equity during a divorce can be one of the most challenging aspects of the process. This issue not only involves significant financial considerations but also carries emotional weight as the family home often represents stability and memories. Understanding how to navigate this complex area can help alleviate some of the stress and uncertainty involved.

As you prepare for divorce, make sure you have the right legal team by your side. Call Crystal Collins Spencer, Attorney at Law at 850-912-8080 to set up a consultation now.

Understanding Home Equity

Home equity is essentially the value of your ownership stake in your home. It’s determined by taking the current market value of your house and subtracting any outstanding mortgage or other loans secured by the property. For instance, if your home is appraised at $300,000 and you have a $150,000 mortgage balance, your home equity stands at $150,000. This figure represents the portion of the property that you truly own. Knowing this amount is crucial when dividing assets during a divorce, as it helps in making informed decisions about the property.

Factors That Influence Equity Division

Several factors can influence how home equity is divided during a divorce. First, you have to consider the laws in Florida. Florida, like most other states, is an equitable distribution state. Assets, including home equity, are split in a way that is fair. This is not necessarily the same as an equal split.

Contributions to the home are another important factor. If one spouse made more mortgage payments or invested more in home improvements, they might be entitled to a larger share of the equity. Documentation of these contributions can be very helpful in these cases. Note, though, that the court will also consider a spouse’s non-financial contributions to the marriage.

Each spouse’s financial situation also plays a role. If one spouse has a significantly higher income or greater earning potential, a judge might award a larger portion of the equity to the other spouse to ensure financial stability.

Prenuptial or postnuptial agreements are also crucial. If you have an agreement that outlines how assets should be divided, including home equity, this will typically take precedence over state laws.

Finally, the presence of children can impact decisions. Courts often consider the best interests of the children, which might mean awarding the family home to the custodial parent to provide stability. All these factors together will guide how home equity is divided in your specific situation.

Methods for Dividing Home Equity

When it comes to dividing home equity, there are several methods to consider. One option is to sell the home and split the proceeds. This approach can make for a clean break but may not be ideal if children are involved or the housing market isn’t favorable. Another method is a buyout, where one spouse buys out the other’s share of the equity. This typically requires refinancing the mortgage in the buying spouse’s name so the other spouse’s credit is free and clear.

Alternatively, some couples choose to retain joint ownership temporarily. In this case, one spouse stays in the home until a future event, like when the children finish school. This method can provide stability but requires a clear agreement on how future expenses and responsibilities will be handled.

Legal Assistance and Mediation

Navigating the division of home equity during a divorce can be complex, and seeking legal assistance can make the process smoother. A Florida family law attorney can provide expert advice tailored to your unique situation, ensuring your rights are protected. They can help you understand state laws and how they apply to your case, making sure that you get a fair share of the home equity.

Mediation is another valuable resource to consider. In mediation, a neutral third party helps both spouses reach an agreement on dividing assets, including home equity. This method can be less stressful and more cooperative than going to court. It encourages open communication and can often lead to quicker resolutions.

Choosing the right professional is crucial. Look for a lawyer or mediator who specializes in family law and has experience dealing with home equity issues. They can help you navigate the legal jargon and paperwork, making the process less daunting.

Get the Support You Need—Call Us Today

Crystal Collins Spencer, Attorney at Law is here to help you decide your next steps as you look ahead to divorce. Let’s sit down and talk about your goals and what you want life after divorce to look like. Just reach out online or call us at 850-912-8080.

How Are Digital Assets Divided During a Florida Divorce?

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A divorce means dividing homes, dividing lives, and dividing assets. We all understand things of value, including real estate, bank accounts, property, cars, art, pensions, and investment funds.

But as the world has gone online, there is a full array of valuables you may not have considered. They are digital assets, but they may have a substantial tangible or sentimental value to you.

It is important not to leave digital assets out of your divorce plan.

Digital Assets

Over the years, you have you collected pictures of your family vacations online? Do you store them on a cloud or a computer? Does the camera in your smartphone automatically upload to a cloud?

These memories are not replaceable and may hold great value to you.

Besides digital assets with sentimental value, many of your most important financial assets may be online.

For example:

  • A website – Do you have a business attached to a website that generates traffic and income? A website is the digital equivalent of a business calling card and may represent a substantial online income.
  • An Etsy storefront or eBay presence – Some people turn to the web to sell their products. It may be one supported by the platform, but the visitors you have generated over the years represent an asset. You have created a presence and brand that brings value to your bank account.
  • Social media accounts – Not just for selfies, your online presence may represent a form of income through your efforts as a social media promoter or influencer.
  • Email Accounts – You may have amassed a listing of people interested in you, your work, or your products. You need to stay in touch with them to keep your business healthy. If you use AWeber or Mail Chimp to grow and market your business, that list has value both now and in the future.
  • Cryptocurrency – Currency has gone online as well. Bitcoin, Ethereum, and Binance Coins are volatile digital assets that may hold a significant monetary value.
  • Investments – Your investments, stocks, bonds, mutual funds, and retirement funds may live online and create an extensive digital asset portfolio that represents value. 
  • Streaming media – You have paid for a subscription to streaming movie services and paid memberships for some sites such as online gaming. You may have amassed a digital music library, books, and even frequent flyer miles.

It’s easy to overlook the value of these assets to you, but they may represent thousands of dollars of value and are not to be forgotten in your Florida divorce.

A Negotiated Divorce Settlement

To divide property in a Florida divorce, both parties must disclose their assets, and their value needs to be determined. Each individual must create an inventory of the assets accumulated during the marriage.

Digital assets in cryptocurrency are a relatively new topic in the law. Cryptocurrency should be considered a financial asset similar to a stock or mutual fund, especially if they were purchased with joint funds. Since the value of cryptocurrency is subject to wild fluctuations, it may need to be liquidated to determine a fair market value that can be divided.  

You will need to determine how much you value each digital asset, now and in the future. The assets will be divided equitably through negotiations between the partners and their legal representatives. In some cases, it may be challenging to split online assets. In other cases, things may be able to be worked out more smoothly. Your experienced family law attorney can help you negotiate the items to be divided after their value is assessed.