Fernandina Beach, FL Divorce Law Firms & Lawyers

If the home was purchased during the marrriage, it is a marital asset subject to equitable distribution even if it is titled in only one spouse's name.  However, there are exceptions. One exception is if the home was purchased with monies gifted to you by your mother.  But if those monies were commingled in a marital bank account, and are not able to be adequately traced to the purchase of the home, the exception may not apply.  The answer to your question depends upon a fact-intensive analysis of the totality of the circumstances, including but not limited to the amount of money gifted to you, where the money went, when the house was purchased, the purchase price of the home, whether there was a mortgage being paid with marital funds, the appreciation of the value of the home during the marriage, etc. Even if it is determined that all or part of the home is a marital asset, that does not necessarily mean that it would have to be sold and the proceeds split 50/50.  The court would consider all the equitable circumstances and make a determination as to what should be done with the house, and how it should be split up (if at all).

You are entitled to 1/2 of what is in her accounts. She may have more than you. See an attorney. Do discovery to find out what she has. Do not walk away from what could be a lot of money. You cannot get a divorce without disclosing financial information. She can't sign an MSA without disclosing her info unless she perjures herself.

Absolutely, as long as you know how to lay the proper evidentiary foundation for the records to be admitted into evidence. Since you are likely not to know how to do this, you should consult an attorney to find out how this is done. And don't assume all attorney's know how to do this; find an attorney who knows the rules of evidence and how to use them properly.