Michael David Fluke

Michael D. Fluke, P.A. is an A.V. rated law firm low volume practice handling serious Divorce and Family Law and matters. When you are dealing with matters of Custody, Alimony or Equitable Distribution, you may need to fight for your rights. Michael D. Fluke, P.A. is always ready to help you fight. Receive the personal attention you deserve!

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Colorado

Since 2010

Florida

Since 1996

Massachusetts

Since 1996

Managing Partner

Michael D. Fluke, P.A.

2006 - Current

Duquesne University School of Law

J.D.

1993 - 1996

University of Colorado - Boulder

B.A.

1989 - 1993

10 rating

AVVO

2010

AV rating

Martindale Hubbell

hillsborough county bar association

2006 - Current

Clearwater Bar Association

2006 - Current

Florida State Bar  # 97829

Member

1996 - Current

Q. I got married in November of 2020. I bought my house in 2015 before I met my husband. Can I lose me house in a divorce?

June 4, 2021

A: As long as you do not put your Husband's name on the Deed, the home will always be a premarital asset and a court would be unable to award your Husband the property. Tat being said, if you are to make payments on the home or make improvement from income which is earned during the marriage, your Husband may be entitled to the increase in equity in your home from both the reduction in the amount owed on the home during the marriage, the increase in value due to improvements and a portion of the passive increases in market value. The only way to protect the home from his interest in increased value, at this point, is to enter into a postnuptial agreement. I suggest you consult a local attorney to discuss your options. ... Read More

Q. My wife and I have been separated for 6 years. Not divorced just separated. She has a whole new family and I am raising

May 18, 2021

A: As long as you do not co-mingle the inherited money with other funds that you are presently earning or exist during the marriage (you are still married even though you are separated, the inheritance is non-marital. What this means is money that you have inherited should be placed in a completely separate bank account. If it is in the form of investments or retirement, you should keep a separate account for those funds. This is worth a consultation with an attorney. If you have both moved on, you should further consider ending your marriage. Discuss the pros and cons of remaining married when there is no longer a marital relationship with an attorney as well. I wish you luck.

Q. Do I need a title property lein?

May 18, 2021

A: Your Final Judgment should act as an official record which puts the public on notice that you have an interest in the property. I agree that you should speak to an attorney and discuss your options with regard to additional public record filings and possibly making a third party claim in the divorce case with your ex-Husband and his new spouse. At a minimum, your attorney should put both your ex-Husband's and his new spouse's attorney on notice that half of the home was awarded to you.