Is an inheritance part of division of property in the state of Florida?

Asked almost 2 years ago - Daytona Beach, FL

My Mom left me an inheritance and I was wondering if I divorce my husband if he is entitled to any of her monies or property that has been purchased from her monies.

Attorney answers (4)

  1. Robert M Chambers

    Contributor Level 14

    3

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    Answered . The analysuis starts with Fla Stat 61.075 (you can look at this on the Florida Senate website). It provides that non-martial assets are to be "set apart" to the appropriate party and not distributed in divorce. Next you must determine what is non-marital. the same statute defines among other things non-marital assets to be be inherited property. At this point it remains yours aloe. Next there is an examionation of how you treated the money or property during the marriage. If you put it in a joint bank account or paid on a house titled jointly you just made an interspousal gift to your spouse and the inherited property became marital. Martal property is usually divided 50-50. If this is what happened you shoujld ask for a non-equal distribution and be prepared to offer STONG testimony as to why no gift was intended

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client... more
  2. Marcos P Martinez

    Contributor Level 13

    4

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    Answered . I agree with Attorney Frederick. Many factors will go into the determination of whether it is solely your property or whether it is joint property. A good divorce lawyer will not only explain the likely outcome, but will also be able to craft the argument and present your position in a way that enhances it.

    It is unfortunate for a marriage to end, but you should be certain to protect yourself and your interests when there is no longer an option.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not... more
  3. Matthew Howard Hinson

    Contributor Level 6

    4

    Lawyers agree

    Answered . I would agree with Attorney Martinez. I have also edited your post so that attorneys practicing family law and division of property will also see your questions. I echo the comments that you should speak with a family law attorney regarding the specific nature of the assets.

    The information contained in this answer is not,nor is it intended to be, legal advice. Please consult an... more
  4. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . That depends on what you have done with the money. It sounds like it has been commingled or otherwise used in connection with marital property. A good divorce lawyer can help you deal with this. You have an argument that it should not be considered. Hopefully, this will never become an issue for you.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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