According to Florida case law as of the date of this article, entireties property is presumed to be a marital asset, regardless of the date of acquisition, where the husband failed to prove he did not intend to gift the home:
“By both statute and case law, entireties property is presumed to be marital, regardless of the date of acquisition. § 61.075(5)(a) 5., Fla. Stat.2000; Robertson v. Robertson, 593 So.2d 491 (Fla.1991). In its order, the trial court suggests that the wife had the burden to prove the husband intended to make a gift of the home to the wife. That was wrong as a matter of law. The burden was on the husband to prove that a gift was not intended. § 61.075(5)(a) 5., Fla. Stat.2000 (“All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim for a special equity”)(emphasis added).”
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