Jensen Beach, FL Divorce Law Firms & Lawyers

If you bought the house prior to the marriage and never added your spouse to the deed, then the house is your non-marital asset and you would keep it in the divorce.  The only claim she would have is if any of her money or marital money was spent to pay down the mortgage or improve the house.

  It depends.  First, since you lost it in foreclosure, is there a deficiency judgment against your husband and you?  That still counts as a liability of the marriage.  Further, if your friend is "gifting" it to you, technically it would not become marital property.  However, and there is always a "however," it could be deemed a fraudulent conveyance, or at least something that was not an "arms length" transaction because, let's face it, a house is a really big gift to get from a friend.   I would first suggest you explore whether the original lender  can still seek to collect against you.  Also, I would have your friend consult with a real estate attorney before just deeding it to you.  There are also tax implications in making such a big gift.  So, it is not as simple as a deed and then excluding it as marital property. By the way, if you've been separated for over 7 years, might it not be time to just get divorced?  If you have acquired additional asets in the past 7 years they could be considered marital, and subject to equitable distribution in a divorce.  Just something to think about before you hit the lotto!   Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496