Is real estate a marital asset in Florida equitable distribution?

In Florida property or real estate is considered a marital asset subject to equitable distribution unless one spouse proves it is non-marital asset.

Florida Statute 61.075 (6)(a )2 states: “All real property held by the parties as tenant by the entireties… shall be presumed to be a marital asset.”

It is irrelevant whether the property was obtained prior to or during the marriage. If one party asserts that some or all of real property is non-marital, he/she is responsible for providing the proof that the property is non-marital.

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