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If my husband gets a inheritenc from his dad then buys a rental house in his name only does it become martial property if divor

Vero Beach, FL |

if my husband gets an inheritence from his dad then buys a rental house in his name only does it become marital propertyif we decide to divorce

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Attorney answers 4

Posted

The house is not marital property, but any appreciation during the marriage maybe.

The above is for informational and educational purposes only, does not establish an attorney client relationship, and cannot be relied upon as legal advice. The only legal advice offered is to have this matter reviewed and discussed by a competent attorney of your own choice.

Asker

Posted

even if he buys it while we are married? he is doing it out of spite. i collect and deposit the rent call repair men also

Asker

Posted

we have been married for 28 years

David Bradley Dohner

David Bradley Dohner

Posted

That bastard. See below. My contact information is with AVVO. God Bless You and enjoy the holiday.

Posted

Also, if you contribute anything to the rental property, that may give you an interest.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

David Bradley Dohner

David Bradley Dohner

Posted

Heather...you? I was counting on you to scold this person. Come on kid, you're one the good ones. LOL. Have a great day. Best, Dave

Heather Morcroft

Heather Morcroft

Posted

Well, you know, I just try to answer the questions. Although I did notice that after this question was answered once it was posted AGAIN which really gave me pause. Sort of as if the questioner was hoping if the question was answered again the answer would be "oh yes of course it is marital property."

Heather Morcroft

Heather Morcroft

Posted

Although I have to tell you, I am not in favor of the new legislation proposed regarding alimony and time sharing.

David Bradley Dohner

David Bradley Dohner

Posted

In all respects?

Heather Morcroft

Heather Morcroft

Posted

No. I thin it is too rigid, and I totally disagree that there should be a presumption of 50/50 timesharing. I think the intention is good but the result will be increased litigation and an even more unfair benefit to whichever party has more cash.

David Bradley Dohner

David Bradley Dohner

Posted

I can't say that I totally disagree with your view of the ultimate outcome, but (and I candidly concede that my view of this entire realm of "the law", if it can be called that, is tainted by my personal experience with my ex-wife, also a lawyer, and a fifteen year DCF supervising attorney, who has no problem using our daughters as cannon fodder [see Dept of Children and Families v. D.B.D.]), but I am shocked just to see potential signs of good gender neutral intentions

Heather Morcroft

Heather Morcroft

Posted

I just wish that the legislature had a better idea of how some of their intentions actually play out in the field.

Posted

The house is not marital property. Inheritance assets obtained are not considered martial assets unless in your case, he put your name on the title, or if he uses marital funds to repair the home, make improvements etc. Inherited property must be co-mingled in some way for it to become marital property. Hope this helps.

Sincerely,
B. Elaine Jones, Esq.

David Bradley Dohner

David Bradley Dohner

Posted

LOL. Helps what?

Posted

It's nice that you are planning ahead and thinking about these considerations.

So often wom....I mean, er.....one gender of the two possible (sorry, hermaphrodites; you're too hard to calculate in this mix) just take everything without planning ahead and calculating coldly in advance.

Awesome

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David Bradley Dohner

David Bradley Dohner

Posted

Sorry. I probably could have been more helpful. If you are really mapping things out and doing your very best to maximize your ROI, maybe you haven't thought seriously enough about euthanizing him rather than the divorce process. Remember, once he receives the inheritance, even if he suspects your plot and tries to craft a will that would prevent you from claiming his inherited family property, you would be able to assert your God given right to what is called an "elective share", thereby avoiding the bastards attempt to keep that property away from you. If you decide to go that route, please schedule an appointment with my office.

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