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Asset List: Married Filing Singly in FL / Definitions

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    Asset List: Married Filing Singly in FL / Definitions

    Can anyone point me to a thread, website, etc. or give me the following information:

    How does one determine whether an object is his, hers, or joint?

    I am married and filing singly in FL, which is NOT a community property state. Thanks for your help!


    I am assuming:

    - If it was purchased by him prior to us getting married, it is his.
    - If it was given specifically to him as a gift, it is his.
    - If it was mine prior to us getting married, it is mine.
    - If it was given specifically to me as a gift, it is mine.
    - If we purchased it together, it is joint.

    Are my assumptions correct?

    What about:

    - He purchased a digital camera in December of 2008 using a Best Buy account that was in his name only and paid it off using money he received from his paycheck. Would this be his? What about if I use it? Then it is joint?

    - We owned a business together which we closed in February of 2009. Would the business items all be joint? What if there are multiple items of the same type and he used one and I used the other? Still joint?

    Again, I appreciate your time. Thanks!
    A mom on the Gulf Coast of FL filing CH7 and blogging about it. http://chapter7beforeandafter.blogspot.com

    Retained Lawyer: 4/5/10. Filed: 6/17/10. 341: 7/21/10. Discharge Date: TBA

    #2
    Originally posted by researchmode View Post
    Can anyone point me to a thread, website, etc. or give me the following information
    There isn't one!

    Originally posted by researchmode View Post
    How does one determine whether an object is his, hers, or joint?
    First, Florida is an equittable distribution State. That means, what you came with is yours, but joint marital funds used to purchase things conveys ownership to both in the marriage. A pre-nuptial agreement can fix some things, but marital funds make it important as to ownership.

    Unless the "to-be" spouse retitled or otherwise conveyed the property... It is the property of the "to-be" spouse if...
    • it was purchased by him prior to (you) getting married
    • it was given specifically to him as a gift
    • he purchased a digital camera in December of 2008 using a Best Buy account that was in his name only and paid it off using money he received from his paycheck.


    Unless you retitled or otherwise conveyed the property... It is your property if...
    • it was (yours) prior to (you) getting married.
    • it was given specifically to (you) as a gift


    It is marital or joint property if you title it as such, or used marital funds or...
    • you purchased it together (marital property)
    • (you) owned a business together which (you) closed in February of 2009 (joint property)
    • if there are multiple items of the same type and he used one and I used the other (joint property)


    At least, that's my read. You're asking alot! Are you planning on divorcing or something??? Get a prenup no matter what.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Thanks so much justbroke.

      We aren't planning on divorcing. I just want to make sure that I'm properly listing our assets.

      I lived with my parents, went away to college, moved back with my parents, and moved in with my hubby who had previously been married and already had a household. I'm a little shocked how little I personally own all by myself. This is great, however, because I should be be able to file no asset. =-)
      A mom on the Gulf Coast of FL filing CH7 and blogging about it. http://chapter7beforeandafter.blogspot.com

      Retained Lawyer: 4/5/10. Filed: 6/17/10. 341: 7/21/10. Discharge Date: TBA

      Comment

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