Updated: Aug 31, 2019
As a Family Mediator for the past 25 years, I have been asked numerous questions that require a response. Keep in mind that Mediators do not provide advice to clients, but can provide information on how to obtain answers to questions.
In a recent mediation the following question was asked. After our marriage I moved into a home which was owned by my husband and his father. I contributed to the household expenses. Am I entitled to some type of compensation.
A new Florida Statute provides a formula for calculating the marital component of passive appreciation in non-marital property. I referred my clients to an article published by Family Law Software. This is a popular program used by the courts, attorneys and mediators which provides insight into the question which was asked of me.
In reading the article written by Family Law Software, you will find that the most common case will be when one party purchased the marital home before the marriage. During the marriage part or all of the mortgage was paid down with marital funds. Now the parties are separating. They are trying to figure out how much of the home's value is composed of separate property. The law provides a formula for calculating that separate property amount. It is called "The New Equitable Distribution Statute".
The Divorce & Mediation Center uses Family Law Software for the preparation of Financial Affidavits both in mediation and document preparation. If you require this type of calculation and do not have access to this program, call us. We would be happy to provide this calculation for you.